Bal Raj Tuli, J.

1. The plaintiff, Mohan Lal, filed a suit for permanent injunction restraining the defendants, Pritam Singh and his wife Mohinder Kaur, from interfering in the construction of the wall shown red in the plan attached to the plaint on the allegation that the wall was a joint wall of the parties and the plaintiff had the right to build thereon. The defendants resisted the suit and pleaded that the wall was not a joint wall of the parties but was exclusively owned by the defendants.

2. On the pleadings of the parties, the following issues were framed by the learned trial Court :-

1. Whether the wall in dispute is the joint wall of the parties ? If so, what is its effect ?

2. Whether the plaintiff is in possession of the wall in dispute ?

3. If issue No. 2 is not proved, whether the suit is maintainable in the present form ?

4. Whether the suit is not within limitation ?

5. Relief.

The learned trial Court held the wall in dispute to be joint of both the parties who have the right to use the same. On that basis, he held the plaintiff entitled to construct rooms by using the wall in dispute on the upper storey of his house. On issue No. 2, the decision was that th