Anil Kumar,J.: -

Heard Shri Mohd. Arif Khan, learned Senior Advocate, Shri R. P. Singh, learned counsel for the respondent and perused the record.

2. Facts in brief of the present case are that initially, plaintiffs/appellants filed a suit for permanent injunction on the ground that the property in dispute which consists of house situated at Vazirbag, Town-Bahraich is in their possession, purchased by their father by way of two sale deeds on 09.12.1959 and 24.09.1967. There are two doors in the east direction of the house and also Sahan as well as Nikas. After the way of Sahan, there is a public toilet which is used by the plaintiff's and their ancestors. However, respondents have no right or title in respect of the way in question shown in the map filed along with the plaint and tried to take possession of the way and want to make a construction therein, on 20.09.1992, and put the material/bricks over the land in dispute. So, the suit has been filed with the prayer that defendants may be restrained to do so, registered as Regular Suit No.1047 of 1992, dismissed by order dated 30.11.1994 passed by IVth Additional Munsif, Bahraich.

3. Aggrieved by the said facts, the plaintif