JAGADISAN, J. :- The suit out of which this Letters Patent Appeal arises was instituted by the respondent, who will be referred to as the plaintiff in this judgment for a declaration that he has a right of way across the pathway marked A B C D in the plan attached to the plaint and described in Schedule A to the plaint, and, for a permanent injunction restraining the appellants, who will be referred to as the defendants, from interfering with his rights and for a mandatory injunction to demolish the wall marked X Y in the said plan.

2. The learned Third Assistant City Civil Judge, who tried the suit held in favour of the plaintiff. On appeal by the defendants before the Principal Judge, City Civil Court, Madras, the judgment and decree of the trial Court were reversed and the suit was dismissed. There was a second appeal to this Court by the plaintiff which was heard by Kailasam, J. The learned Judge reversed the judgment and decree of the lower appellate Court and restored that of the trial Court. He, however, granted leave and hence this appeal has been preferred under Cl. 15 of the Letters Patent by the aggrieved defendants.

3. The dispute between the parties is as regard