JUDGMENT :

Satyen Vaidya, J.

This is plaintiff's second appeal under section 100 of the Code of Civil Procedure against the dismissal of his suit by the trial Court as also the First Appellate Court.

2. Plaintiff and defendants are real brothers. Plaintiff filed a suit before learned trial court bearing Civil Suit No. 7-1 of 2015 on the premise that the suit land comprised in khata khatauni No. 53/112, Khasra No.154, measuring 00-03-79 hectares situated in Chak Thana, Tehsil Jubbal, District Shimla, H.P., was having an ancestral house of the parties, which as per the family settlement has been in their possession as per separate respective shares. The passage for entry and exit to respective portions of the parties was common through the veranda of the defendant. It was alleged that on 6.12.2014, the defendant tried to obstruct the common passage and his attempt was thwarted. Plaintiff expressed the apprehe