JUDGMENT :

Sureshwar Thakur, J.

The instant appeal is directed, against, the concurrently recorded verdicts by both the learned Courts below, whereby, the plaintiffs, suit for rendition, of, a decree of permanent prohibitory injunction, as well as, for declaration qua the suit khasra number(s), was, hence dismissed.

2. Briefly stated the facts of the case are that the plaintiffs are owners of the property and building detailed in the plaint. It is averred that the building of the plaintiffs is known as East View, Kasumpti, building on Khasra No.635. The defendants are owners in possession of the adjoining property comprised in Khata/Khatoni No.71/97, Khasra Nos. 610, 611, 616, 676, 628 at Kasumpti. The property of the plaintiffs and adjoining property of the defendants are abutted. But between the landed properties of the parties exist a common passage 4-5 feet wide passing through the land of Khasra No.676 of the defendants. The passage has been used and enjoyed by the plaintiff after purchase of the land. Earlier their predecessors had been using the passage since time immemorial, without obstruction or interference. Such usage by them was open, peaceful and hostile. In settlement o