( 1 ) THE plaintiff instituted this suit for a mandatory injunction commanding the defendants to demolish or pull down the constructions indicated by the hatched portions in the plan annexed to the plaint and coloured red and a declaration, if necessary, that the constructions indicated by the hatched portions in the plan coloured red, are illegal, a perpetual injunction restraining the defendants or their agents and servants from constructing the third storey or any portion thereof without complying with the side space and back space rules, being rules Nos. 32 and 30 of Schedule XVI of the Calcutta Municipal Act of 1951 and further reliefs.

( 2 ) THE plaintiff is the owner of premises. No. 177 Cornwallis Street. The defendants are owners of premises No. 178, Cornwallis Street. The premises No. 178 Cornwallis Street stands to the immediate south of premises No. 177 Cornwallis Street. The plaintiff's premises is partly five storied and partly six storied. The defendant's house is a two storied building. Prior to 1958, it is alleged that, there existed at 178 Cornwallis Street a two storied building of low height and that in the year 1958 the said two storied building