JUDGMENT :

Rajbir Sehrawat, J.

1. This is the second appeal filed by the plaintiff; challenging the concurrent findings, the judgments and the decrees passed by the Courts below, in a suit filed by him for a permanent injunction restraining the respondents from encroaching upon a passage, which was described in the plaint.

2. For convenience, the parties hereinafter would be referred to as the plaintiff and the defendant, as they were described in the original suit.

3. Shorn off unnecessary details, the facts involved in the present appeal are that the appellant/ plaintiff had filed a suit alleging that the plaintiff and defendant were the co-sharers in the land comprised in Khewat No.49/66, Khasra No.43(3-11), 36(4-0), 37(2-16) along with other cosharers. The plaintiff and defendant were in separate cultivating possession, although the said land was recorded as joint in revenue records. The plaintiff had constructed his house in Khasra No.43; by leaving a passage for approach to other joint land of the parties. The defendant had filed a partition case and the partition was effected by keeping the possession of the parties intact. As per the partition, the shares of the plaintiff and t