Pandrang Row, J.

1. These appeals arise out of two second appeals, namely Nos. 894 and 895 of 1931, which in their turn arise out of two connected suits of 1923 on the file of the District Munsifs Court of Vizagapatam. One of them was instituted by the partners of Baughmul Sowcar against Mr. Jala Durgaprasadarayudu, a lawyer of Rajahmundry, and the other suit was by the lawyer as the plaintiff and the Sowcars as the defendants. The suits arose out of a dispute regarding the boundary between the properties belonging to the two parties on the Beach Road at Vizagapatam. The dispute was originally taken to the notice of the Survey Officer and after a decision by the survey authorities these suits were filed, both parties being dissatisfied therewith.

2. Speaking broadly, the dispute relates to three items: (l) The road which lies between the two properties which was claimed by Mr. Jala Durgaprasadarayudu as a common or joint road, but which according to the Sowcars was their own exclusive property; (2) that the wall built between the properties by the Sowcars and a small strip of land varying in width from 1 1/2 to 2 1/4 feet by the side of it constitute an encroachment by the So