JUDGMENT :- The defendants are the appellants. The suit was for a permanent injunction restraining the defendants from using a passage in front of the plaintiffs house to go to the south into the public lane running from west to east, it may be convenient to refer to the Commissioners plan Ex. A.6, for the purpose of location of the plaintiffs and defendants houses and the disputed passage.

The site over which the houses of the plaintiff and the defendants stand was previously owned by a common owner, and on 2-11-1942, under Ex. A.1, the plaintiff purchased the southern most portion, the entire property being divided into three portions, the northern, the middle and the southern, and began to put up a house construction on the property which he purchased leaving the disputed passage on the eastern side of a width of 5 to the entire length of his house and running from north to south open. The defendants purchased on 1-12-1944, under Ex. B.2 the northern portion and put up house constructions in the portions which they purchased, leaving similarly a lane running from north to south entering into the public road on the north. The defendants again on 14-12-1944, purchased the