This second appeal arises out of O.S. No. 189 of 1946 on the file of the Court of the District Munsiff, Tenali, for recovery of plaint schedule site and for removal of the wall standing thereon. The facts found and admitted may be briefly narrated. The plaintiff and defendant are the owners of adjacent houses in Tenali Municipality. In the year 1917 the defendant’s father, Ramakrishniah entered into an agreement in respect of 15-5/9 square yards in Do:r No. 55 belonging to the plaintiff. Ramakrishniah intended to, construct a building on his site and he found it necessary to have a boundary wall between his site and the plaintiff’s site. They agreed that Ramakrishniah should be allowed to construct a masonry wall on the suit site to serve as a boundary and the plaintiff should continue to be the owner of the site. Another stipulation was that Ramakrishniah should not build any house or project his eaves over the wall at any time. He also agreed to keep the said wall in good repair at all times and in case it was damaged or got demolished, he was to get it repaired and restored. According to the agreement if he did not repair it or restore it within three months from the