( 1 ) THIS is a plaintiffs second appeal. The appellants are the heirs and legal representatives of the plaintiff Syed Manzoor Hussain.

( 2 ) THE property, bearing at present municipal No. 97/120 of Talaq Mohal at Kanpur, was originally purchased by one Syed Moqbool Hassain in. the name of his wife Mst. Sayeeda khatton through a sale deed dated 9th Aug. , 1937 from one Mohd, Ishhaq. The sale deed provided that a strip of land four feet wide shall be left for the purposes of passage to the mosque which is situate to the north of the property. The land of passage is shown by letters a b c d on the map annexed to the plaint. The dispute relates to this passage. It is undisputed that the deceased plaintiff Syed Manzoor Hussain became the owner of the property by way of transfer. According to the plaintiffs case a number of doors and windows etc. . of the house No. 97/120, which was situate on both the sides of the passage land, opened on it. The plaintiffs and their predecessors-in-interest also used this land as a passage.

( 3 ) THE mosque is known as Masjid Ramzani Paniwala. The four defendants were the office-bearers of the managing committee of the mosque and were