A.N.Grover, J.

1. This appeal arises out of a suit for a prohibitory injunction restraining the defendant from making constructions on the site in dispute which is said to be joint of the parties. The defendant pleaded that the chabutra existed in the site in dispute for the last 30 years, that the plaintiff had already made similar encroachment on another part of the joint sehin and that the suit was barred by time. It was also asserted that in the absence of any allegation regarding special damage, the plaintiff could not maintain the suit. The following issues were framed by the trial Court:

1. Whether the suit is within time?

2. Whether the plaintiff is entitled to the injunction prayed for?

3. Relief.

2. The trial Court found that the defendant could only keep three blocks of steps in front of the three doors of his house and was not entitled to build the chabutra. It was also found that the chabutra had been constructed after the institution of the suit. A decree for a mandatory injunction was, therefore, passed directing the defendant to demolish the chabutra and to maintain only three blocks of steps in front of three doors of his house not exceeding width of the th