S.Anwar Ahmad, J.

1. This appeal by the defendant first party arises out of a suit filed against him and his father (defendant No. 1 who subsequently died) for removing the beams and rafters placed on the western wall of the plaintiffs house within a reasonable time, and in the event of their failure to do so, for removal of the same through the process of Court at the cost of the defendants.

2. The case of the plaintiff was that he along with the defendants second party purchased a piece of land under a registered sale deed dated the 20th November, 1930, fully described in Schedule A of the plaint. The house of the defendant first party was adjacent west of the house of the plaintiff. In 1948, due to heavy flood, the western Wall of the plaintiffs house fell down. A new wall was thereafter constructed by the plaintiff on the site of the old western wall. At the request of the defendant first party and his father, the plaintiff allowed them to place their beams and rafters on the newly constructed wall. Later on, the defendant first party and his father began to claim the said western wall of the plaintiffs house as a common wall between them. A title suit (numbered 83 of 1