( 1 ) THE facts, in this appeal, against an appellate judgment of the learned District Judge, Simla, briefly, are: The property, old No. 153, new numbers Shops Nos. 57 and 58, a three storeyed building, situated in Lower Bazar, Simla, belonged to one Kali Das Chakravarty. He sold it to Rupa and Nihala on the basis of a registered sale-deed, Ex. Public witness 1/1, dated 28-8-1881. The successors-in-interest of Rupa and Nihala had partitioned the property. Shop No. 57 fell to the share of Devi Chand (P. W. 1), grandson of Nihala, and-Shop. No. 58 fell to the share of Devki Nandan, plaintiff No. 8. Devi Ghand (P. W. 1) sold shop No. 57 to plaintiffs Nos. 1 and 2 on the basis of the sale-deed Ex. P. W. 2/1, dated 15-10-1962. On the northern side of Shops Nos. 57 and 58 is situated a building known as Garib Manzil. This building belonged to a Muslim, who had migrated to Pakistan. Garib Manzil and vested in the custodian. The building was auctioned and was purchased by the defendant. In between Shops Nos. 57 and 58 and Garib Manzil, there is a drain and dry area. The plaintiffs had filed a suit, out of which the present appeal has arisen, for the issue of an injunction.