RAKESH KUMAR GARG, J.

This is plaintiffs’ second appeal challenging the judgments and decrees of the Courts below whereby their suit for permanent injunction restraining the defendant-respondents from interfering in the use of the passage in dispute and also restraining them from raising any type of construction in the said passage was dismissed by the trial Court and the said decree was affirmed in appeal by the lower appellate Court.

As per the averments made in the suit, the plot in dispute which comprised in Khasra No.492/4 (04) shown as Gair Mumkin Abadi and described in the site plan as ‘ABCD’ was originally owned by Achhar Singh from whom it devolved upon Munshi Ram, father of the plaintiffs. The plaintiffs have inherited the estate of Munshi Ram and thus were in possession of the plot as aforesaid. There is a passage connecting the said plot which has been depicted as ‘KLBM’ in the site plan and is comprised in Khasra No.492/6 (01) as per the revenue record. According to the further averments, this is the only passage leading to the plot of the plaintiffs as the said passage connects the plot of the plaintiffs with the main metalled road. The plot of the defendants