MOHAN SHANTANAGOUDAR, J.—This is the defendant’s Second Appeal against the concurrent findings of facts arrived at by the Courts below. The respondent herein filed suit for declaration that he is the owner of the area BCKL shown in the plaint sketch. He has also sought for declaration that the wall BC is a common wall of both the plaintiff and defendant. The Perpetual Injunction is also sought for restraining the defendant/appellant from interfering with the peaceful possession and enjoyment of the passage/area BCKL for ever. The trial Court as well as the first appellate Court decreed the suit.

2. The case of the plaintiff is that he is the owner of the house shown in the plaint sketch marked as HBCG. The plaintiff originally owning a house shown as AFGH in the rough sketch. Subsequently, he purchased the old house shown as ABCF in the rough sketch from its earlier owner on 12.2.1980. The wall shown as BC is the common wall to the houses ABCF and BCJI i.e. houses of the plaintiff and the defendant. Thereafter the plaintiff demolished the old house and constructed the new house on the very area leaving passage BCKL having width of 3 feet space to go to backyard FCDE shown in