JUDGMENT: This order disposes of Regular Second Appeal No. 2424 of 1946 and the connected cross objections.

2. On the 11th of March, 1944 Amar Nath plaintiff instituted civil suit No. 167, of 1944 for perpetual injunction directing the defendant to close the parnala shown in red colour at letter A on the plan attached to the plaint.

3. Ali Ahmed defendant resisted the suit which was dismissed by the trial Court on the 31st of May, 1945 leaving the parties to bear their own costs.

4. From the decree passed by the trial Court on the 31st of May, 1945 Amar Nath plaintiff appealed in the Court of the Senior Subordinate Judge at Jullundur. The appeal failed and was dismissed. In appeal the parties were left to bear their own costs.

5. In deciding issue No. 1 the appellate Court said:

"I hold that the place marked SNOT in the plan marked Exhibit A. 1, is the property of the plaintiff, while the place marked M S T L in A 1 is a part of the kucha and I decide accordingly."

6. In second appeal Ali Mohammad defendant-appellant urges that the lower appellate Court was in error in holding that the place marked SNOT in the plan Exhibit A. 1 was the property of the plaintiff.

7. As stated above, the pl

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