( 1 ) PARTIES jointly bought two houes. One was in front and the other on the back. Entrance to the back was from the front house. For partition they wrote a deed marked a . A passage for entry to back house was reserved to owner of back house, plaintiff s father. Defendant owned front house who built upper floor and made some construction on partition wall and opened a door and windows towards passage. Plaintiffs claiming that passage was their exclusive property and defendant had no right to raise height of partition wall and open door and windows sued him for injunction. Trial Court framed issues, whether plaintiffs were owners of partition wall, whether they exclusively owned passage and whether they were etitled to injunction. Partition deed a was held inadmissible being unnegistererd. Trial Court partly decreed suit while it was decreed in full in 1st appeal. Defendant filed 2nd appeal. After narrating above facts, para 7 onwards judgment is ;-

( 2 ) THE appellants challenged the findings of the courts below on all the issues. Mr. Sehgal, learned counsel for the appellant submitted that (1) there was no legal evidence to prove the exclusive ownership of the p