JUDGMENT :

1. Instant second appeal under Section 100 CPC arises out of a civil suit filed for seeking prohibitory and mandatory injunction, way back on 09.10.1963, in relation to a portion of roof, situated in the property, commonly known as “Purohit Ji Ka Katla”, Chowkri Vishveshwar Ji, Johri Bazar, Jaipur. The suit was instituted by plaintiff-Prakash Chandra Kasliwal, against two persons namely Purohit Swaroop Narain and Murlidhar who were made parties as defendant Nos.1 and 2. Plaintiff claimed that on the portion of roof, purchased by him, defendant No.2 has constructed a wall of 37 ft. long from north to south and up to 7 ft. height thereby has pressed an area of his roof, towards northern side of wall, mark ‘A’, 1.5 ft. and towards southern side of wall mark ‘B’ 8 inch. The plaintiff prayed for, to obtain possession of such area of his roof, which has been encroached upon by defendant No.2, while raising construction of wall in question and thus, a decree for prohibitory injunction not to raise any construction on his roof and for mandatory injunction seeking demolition of wall in question has prayed for. Defendant No.1 supported the plaintiff’s suit and defendant No.2 cont