J. P. JAIN, J.

( 1 ) THIS second appeal arises out of a suit instituted by Meghraj on 26-2-1960 in the Court of Munsif, Bikaner. for a perpetual injunction and for recovery of damages. During the pendency of the suit, Meghrai plaintiff died and his son dulichand came on record to continue the suit. His two daughters Mst. Bhanwari and Mst, Chanwari were impleaded as defendants Nos. 6 and 7. The plaintiff has a house in Mothalla Surana in the city of Bikaner. Towards the east of the plaintiffs house, the house of the defendant Bhairondan and his three brothers is situated. All the four brothers are defendants Nos. 1 to 4. Municipal Council. Bikaner is defendant No. 5. Towards the north of the house of the plaintiff and that of the defendants is a gali and is admittedly a public lane.

( 2 ) THE allegations of the plaintiff in the suit are that the defendants have constructed a projection at the height of 9 feet 10 inches towards the gali extending to 3 feet. The projection is in the form of a balcony and is 9 feet in length on the first floor of the defendants house. This has been shown as a in the map Ex. 3 filed with the plaint The plain-tiffs averment in this regard is th