JUDGMENT :

DEEPAK GUPTA, J.

The present Regular Second Appeal has been preferred by defendants No.3, 5 and 6 against the concurrent findings recorded by both the Courts below. The suit filed by the plaintiffs (respondents No.1 to 6 herein) seeking declaration regarding the suit property along with a decree of permanent injunction was decreed by the learned Sub Judge 1st Class, Ludhiana vide judgment & decree dated 29.09.1995. The appeal preferred by defendants No.3, 5 and 6 (appellants herein) was dismissed by the learned Additional District Judge, Ludhiana on 11.09.1999, thereby affirming the findings recorded by the trial Court.

2. For the sake of convenience and to avoid confusion, the parties shall be referred to according to their status before the trial Court. The record of the trial Court has been summoned and perused.

3. The dispute relates to land measuring 4 Biswa 11 Biswansi (91/1600 share) out of total land measuring 4 Bigha comprised in Khasra No.141, Khata No.253/302, as reflected in the Jamabandi for the year 1987- 88, situated in village Three ke, Tehsil Ludhiana (hereinafter referred to as the suit property), which is claimed by the plaintiffs to be passage left for approaching their respective plots.

4.1 The case of the plaintiffs is that defendants Mukhtiar Singh and Nirmal Singh (defendants No.1 and 2), along with their brother Ram Singh (defendant No.3) and their mother Smt. Basant Kaur, were co-owners in possession of the aforesaid land. Out of their respective shares, defendants No.1 and 2 & Basant Kaur executed several sale deeds (Ex.P-2 to Ex.P-7) in the year 1984 in favour of the plaintiffs through their General Power of Attorney holder Ram Prakash. Vide sale deeds dated 19.04.1984 and 24.04.1984, Mukhtiar Singh sold portions of land measuring 1400 square yards each to plaintiffs Bachittar Singh and Swaran Singh, while Nirmal Singh similarly sold portions of 1400 square yards each to plaintiffs Raj Kaur, Karamjit Kaur and Paramjit Kaur. Subsequently, another sale deed dated 16.05.1984 was executed regarding land measuring 884 square yards in favour of plaintiff Swaran Singh. Possession of the respective plots was delivered to the plaintiffs at the time of execution of the said sale deeds.

4.2 The plaintiffs further pleaded that while carving out the aforesaid plots, an area measuring 4 Biswa 11 Biswansi was intentionally left as a passage to provide access to the plots purchased by the plaintiffs. The said passage existed at the spot and was being used by the plaintiffs to approach their plots. It was further pleaded that the said arrangement also stood acknowledged in a compromise dated 11.08.1988 (Ex.P-8) arrived at between Mukhtiar Singh, Nirmal Singh and their mother Smt. Basant Kaur. According to the plaintiffs, they also acquired a right of easement of necessity over the said passage.

4.3 It was alleged that as the suit land meant for passage continued to remain recorded in the names of defendants No.1 and 2 in the revenue record, taking benefit thereof, they subsequently executed a sale deed dated 29.09.1988 (Ex.D-1) in favour of their brother Ram Singh (defendant No.3) with respect to the aforesaid passage, on the basis of which Mutation No.3541 was sanctioned. According to the plaintiffs, the said sale deed was executed only to defeat their rights and the same illegally transferred the passage meant for access to their plots.

4.4 With above averments, the plaintiffs filed the present suit seeking a declaration that the suit property is a passage meant for access to their plots and that the sale deed dated 29.09.1988 and the consequential mutation are null, illegal and void, along with a decree of permanent injunction restraining defendant No.3 from alienating the same.

5. Defendants No.1 and 2 filed a written statement admitting that the land measuring 4 Bigha in Khasra No.141 was jointly owned by them along with defendant No.3 and their mother Smt. Basant Kaur. They also admitted the execution of the