1. - This appeal is directed against the judgment and decree dated May 31, 1974 passed by the learned Additional Civil Judge, Udaipur, whereby, Civil Appeal No. 27 of 1971 was allowed and the judgment and decree of the learned Munsif, Udaipur dated August 5, 1971 dismissing the plaintiff's suit were reversed and the plaintiff's suit for permanent injunction was decreed.

2. The plaintiffs-respondents instituted the suit against the defendants Sadiq Ali and Tayab Ali sons of Ismail with the allegations that the parties belong to one family. They have got house No. 13/56 in the City of Udaipur. The parties are in possession of their respective shares in that house. The plaintiffs alleged that the land measuring 38 x 121/2 feet situated towards the west of the house belongs to the plaintiffs, which is shown in plan (Ex. 1) as ABCD. The plaintiffs alleged that they have got a right to go to their house through this open land. There is a joint chowk towards the east of the main entrance of the house and there is stair-case in the north. There are drains for the discharge of water. It was also alleged that windows and jalies of plaintiffs No. 1 and 3 abut on the open land ABCD. Th