- (1.) Plaintiffs having been non-suited by both the Courts below have filed this second appeal.
(2.) The dispute relates to site depicted by letters ABCD in red and yellow colours in site plan Annexure P-1 annexed with the plaint. The plaintiffs claimed that the disputed site is the only passage for their house and they have been using it since agreement dated 27.07.1976 executed between fathers of both the parties and one Jagir Singh and accordingly plaintiffs claimed right of easement to the said passage by prescription as well as by necessity.
(3.) Defendants denied averments of the plaintiffs and pleaded that defendants are owners in possession of the disputed site which is part of courtyard of their house. It was never used as passage by the plaintiffs. Agreement dated 27.07.1976 was also denied. It was alleged that plaintiffs have passage to their house from other side.;