( 1 ) THIS is an appeal against judgment and decree of reversal. Plot Number 83 Mouja Andul P. S. Sankrail is a common passage in which the plaintiffs and the defendants, as transferees, are co-sharers. The common passage is flanked on one side by the houses of the plaintiffs Nos. 1 and 2 and on the other side by the houses of the plaintiff No. 3 and other defendants. According to the plaintiffs' case, the common passage was created for ingress and egress, space for repairs of structures, passage for light and air, and rain water and also for laying electric wires. There was an agreement to keep the common passage open to the sky for beneficent enjoyment of the dwelling houses on either sides of the common passage and their privacy was thereby maintained. The defendants by force completed all arrangements to construct a balcony from their house over the common passage. It was said that the defendants had no right to make such construction, which if made would cause permanent obstruction to the common passage and change its nature and character causing irreparable injury to the other owners, the plaintiffs. The plaintiffs in the circumstances instituted the su