' MUNIR A. SHEIKH, ACTG. C.J.---Leave is sought against the judgment dated 14-1-1999 of the Lahore High Court through which revision petition filed by the petitioner has been dismissed.
2. The respondents filed a suit for permanent injunction restraining the petitioner from closing the passage and raising construction thereon as the said passage was exclusively under the use of the respondents to approach their house. It was contested by the petitioner on the ground that it was part of his property and not a common passage.
3. The trial Court through judgment dated 25-6-1995 decreed the suit by holding that the respondents-plaintiffs had right to use the said passage. An appeal was filed by the petitioner which was dismissed by the First Appellant Court through judgment dated 21-7-1998 by affirming the findings of the trial Court. It was also held that the said passage was the only approach to the house of the respondents-plaintiffs and had been commonly in use. The petitioner filed revision petition before the Lahore High Court which has been dismissed through the impugned judgment dated 144-1999 against which leave is sought.
4. It was argued by the learned counsel for the petitioner that the respondents before succeeding in the suit had to establish that they had prescriptive right or right of easement. They haying failed to do so, therefore, the suit was liable to be dismissed.
5. We have gone through be record and find that a finding of fact has been recorded that the said passage was not part of the property of the petitioner and that the same was being used as passage by the respondent and was the only source of approach to his house, therefore, case of easement of necessity had been established, therefore, the findings recorded by the Courts below do not suffer from any legal infirmity.