Kapur, J.

1. This is a defendants appeal against an appellate decree of Additional District Judge N. L. Vijh, dated 16-8-1951 modifying the decree of the trial Court and giving a mandatory injunction against the defendant.

2. The plaintiff owns the house No. 3210 in Kucha Baga-ullan Khan and the defendant purchased the adjoining house which is on the north of the plaintiffs house. The defendant started raising the northern wall of the porch of this house to which objection was taxen by the plaintiff on the ground that the well was his. He, on 22-6-1946, made a report to the Police complaining about this alleged unauthorised construction. He also sent a telegrapnic notice to the defendant warning him not to build and to remove the structures that he had already built. The defendant has also stated as D. W. 9 that after the wall had been built some persons on behalf of the plaintiff came to see him in regard to the wall. The plaintiff then brought a suit on 20-7-1943 for a declaration that the wall in dispute was his and for a mandatory injunction against the defendant to remove the disputed wall of his room built on the northern wall.

3. On 2-8-1947 the plaintiff made an app