1. - This is Civil Second Appeal filed on behalf of the plaintiff-appellants under Section 100 of the Code of Civil Procedure, 1908 against the judgement and decree dated 18.01.1984 passed by the court of Additional District Judge No. 1, Bharatpur by which, it has dismissed the appeal filed by the plaintiff-appellants and upheld the judgement and decree dated 29/07/1977 passed by the court of learned Additional Munsiff, Bharatpur by which, suit has been dismissed filed by the plaintiff.

2. The brief facts giving rise to this civil second appeal are that plaintiff-appellant has filed a suit for declaration and injunction as regards to the disputed roof of the shop and contention of the appellant was that shop of the defendant was a part of the house of the appellant. The main gate of the house, which is in the shape of a haveli, is in possession of the appellant and only through this gate, one can reach on the roof of the shop of the defendant. The roof is in possession of the plaintiff since long. The room has been constructed over the roof. It has been purchased by the plaintiff-appellant from Smt. Dropdi. He was having possessory title over the roof. Defendant has relied