V.K. Jhanji, J. - This is defendants second appeal directed against the judgment and decree of the Courts below whereby suit of the plaintiff for permanent injunction has been decreed against the defendant.

2. Plaintiff filed suit for permanent injunction restraining the defendant from raising any construction on joint wall A-B shown in red colour in the site plan attached with the plaint. Case of the plaintiff was that he is owner of house shown in the site plan attached with the plaint whereas defendant is owner of house adjoining the house of the plaintiff. Plaintiff, however, contended that there is a common wall separating their houses and the wall has been shown in red colour as AB in the plan. Plaintiff contended that the defendant threatened to raise construction on common wall. Hence, suit for injunction.

Defendant, on notice of the suit, in his written statement, contended that the wall in question was not a common wall but exclusively belongs to him.

3. On the pleading of the parties, the following issues were framed :-

1. Whether the wall in question is a common wall of the parties ? If so, to what effect ? O.P.

2. If issue No. 1 is proved, whether the plaintiff is