H. R. Sodhi, J.

1. This is a regular second appeal by Tipper Chand defendant against the judgment and decree of the Senior Subordinate Judge, with enhanced appellate powers. Karnal, who dismissed his appeal on 5th December, 1958, on the ground that it was insufficiently stamped and that the mistake on the part of the appellant was not bona fide. The facts as are necessary for the proper disposal of the point of law can be stated In a narrow compass.

2. Matu Ram plaintiff respondent filed a suit against the appellant and his brother ayudhiya Parshad respondent praying for permanent injunction restraining the appellant from interfering with his ownership and possession of the southern one-half portion of the roof of the Inner Dahliz as shown in the plan filed with the plaint, also from using that portion of the roof as passage, and further restraining him from opening any door in the same. The trial Court decreed the suit and granted a permanent Injunction restraining the defendant appellant from in any way interfering with the ownership and possession of the plaintiff in regard to the southern one-half portion of the roof of the inner Dahliz by constructing any door or an op