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the respondents, who were the appellants before the learned Trial Court below (hereinafter to be called as "the respondents") had filed a suit against the respondent, (hereinafter to be called as "the petitioner") for declaration, injunction and easement alleging that the respondent and one Sh. Banshi had purchased land in dispute in the present lis, vide common sale deed dated 15.09.2005, comprised in Khata Khatauni No.327/368, kitas 6, measuring 12-15-06 bighas to the extent of 0-12-2 bigha, situated in Mohal Mahadev/10, Tehsil Sundernagar, District Mandi, H.P. It has been alleged that all the Vendees had agreed to leave one meter wide common passage from the main public path upto the end of their plot (s). They divided this land between themselves amicably and occupied their plots leaving one meter common passage from eastern side of the plot upto its end. Further, that first plot was occupied by one Banshi Lal, second plot was taken by Hosiar Chand and thereafter further occupied by Bimla and Ashok Kumar. Banshi has constructed residential .