1. - Heard learned counsels.

2. By the concurrent decrees, the two Courts below have decreed the suit filed by plaintiff-respondents against the present appellant defendants holding that the latrine portion construction by them ad-measuring 2' x 2.3' on the first floor roof top has to be removed at the cost of defendants since while purchasing the ground floor room and first floor room the defendants have not purchased the floor first roof rights.

3. The Courts below have held that the said property divided into two portions of ground floor two rooms and having a common stair case in between, the first floor roof top was divided into four sons of Khema; the family pedigree is given in the plaint itself. Vide gift deed (Bekshishnama) Ex. I/A the respondent Khema Ji has given first floor right in favour of Chunni Lal husband of plaintiff No. I Smt. Kanku Bai and father of plaintiff No. 2 Amba Lal. Though the defendants have purchased the ground floor right and first floor room from the respective co- sharers but the rights over the first floor roof over the ground floor room were not purchased by the plaintiffs and the construction of latrine on such roof top was found to be w