MODI J.—This is a defendants second appeal in a suit for injunction.

2. The dispute is between the parties who are brothers to a joint wall situate between their respective house. The house of the plaintiff stands to the east to that of the defendant. The case of the plaintiff was that this wall was his exclusive property, and that while he was at Bombay, the defendant had dismantled his house and started re-budding it, and in doing so he had put in a chimney for the remission of smoke in his kitchen and set up some new Alas and almirahs (the number whereof, incidentally, was not mentioned in the plaint) and further that he was raising the height of this wall so as to build a third storey on it. The case of the plaintiff further was that as soon as he was informed of what the defendant was doing, he hastened to his village from Bombay and raised a strong protest with the defendant but without any avail. A passing reference may as well be made to one more fact, and that is that, according to the plaintiff, the defendant was building a balcony in front of his house and he had built it so as to project beyond the half of the width of the party-wall. It may at once be stated that: the t

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