Judgment

TULZAPURKAR, J. :- This appeal by special leave directed against the judgment and order dated September 10, 1968 of the Madras High Court in Second Appeal No. 576 of 1966, raised a short question as to whether the appellants are entitled to insist upon the use of the disputed passage in the building (bearing No. 26, Errabalu Chetty Street) opening into Erabalu Chetty Street as an integral part of their lease in respect of the first floor portion of the building.

2. The aforesaid question arises in these circumstances. The entire premises (lecots Buildings) situate at 26, Errabalu Chetty Street - an important commercial thoroughfare and main bazar for hardware and machinery in Madras - originally belonged to the Chrome Leather Company Pvt. Ltd. (the 2nd respondent). On June 26, 1961 the second respondent sold the front portion of the premises inclusive of its entire frontage on Errabalu Chetty Street to Bank of India Ltd. (the 1st respondent) for a handsome price. The appellants a partnership firm carrying on business in various types of electrical machinery, have since April 1, 1959, rented a godown on the ground floor and a portion of the premises on the first floor of the