JUDGMENT :- This is a defendants appeal arising out of a suit for demolition of a projection. The plaintiffs case was that the projection in the form of a chhajja made by the defendants extends upto the staircase belonging to the plaintiff. On that basis she claimed the decree. The defence was that there was no encroachment and, in the alternative, it was pleaded that the new chhajja had been built only to replace the old wooden chhajja. The trial court found the defendants case proved and hence dismissed the suit. The appellate court has allowed the plaintiffs appeal and decreed the suit for removal of that part of the projection which extended over the staircase belonging to the plaintiff as indicated in the plaint map. The defendants have filed the second appeal.

2. The lower appellate court has reversed the findings of fact recorded by the trial court about the extension of the chhajja over the plaintiffs land and about the replacement of the old chhajja by the new one. According to the findings of the appellate court there was no wooden chhajja which may have been replaced by the defendants. The other finding is that the portion of the chhajja projects over the stairs belonging

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