K.A. Abdul Gafoor, J.

The appellant is assailing the concurrent finding of the courts below dismissing a suit for declaration and injunction built up on Ext. A1 agreement between the plaintiffs and defendants. Ext. A1 agreement is executed by both the parties. It is concerning a passage of 8 feet width leading to the building on either sides of the pathway and construction of a staircase by the defendants adjoining to the building of the plaintiffs in such a manner as it could be used by both the parties leaving again 4 feet width passage on the side of the staircase for ingress and egress for both the parties to the rear portion of the properties. The suit was dismissed by the trial court accepting the definite case of the defendants that Ext. A1 was required to be registered in terms of S.17(1)(b) of the Registration Act, 1908. As it was not thus registered it was not admissible in evidence and the parties could not put up any claim in terms of the agreement under S.49 of the said act. The appeal by the plaintiffs also failed. Though the appellate court did not come to the conclusion on any of the contentions discussed in each of the paragraphs of the judgment, the app