( 1 ) THIS appeal is directed against the reversing Judgment and Decree dated 20. 6. 1978 passed by Subordinate Judge, Alipore in T. A. No. 1029/78 dismissing the plaintiff suit for permanent injunction. The facts leading to this appeal are summarily stated :-

( 2 ) THE plaintiff No. 1 who is the appellant in this case who along with other co-plaintiffs filed the suit for permanent injunction against the defendant No. 1 restraining him from interfering with the construction work of a boundary wall on the eastern end of the common passage described in schedule 'a' to the plaint. Plaintiff No. 1 and the Plaintiff No. 2 whose interest was devolved upon proforma defendants 3 and 4 are the owners of the premises No. 16/c and 16/a situated in Abinash Chandra Banerjee Lane. The other plaintiffs namely, originally numbered as plaintiffs 2 and 4 are the joint owners of the premises No. 16/b, Abinash Chandra Banerjee Lane. The defendant No. 1/respondent is the owner of the premises No. 19/e, Abinash Chandra Banerjee Lane. The plaintiffs claimed that they set apart a passage with a width 6 ft. for their exclusive use which is leading to the Corporation Road, Abinash Chandra