JUDGMENT :- This appeal arises out of a suit for permanent injunction directing the defendant to construct a wall CG of he disputed room CEFG as shown in the plaint map upto the height of 7 ft. with a roof thereon with an alternative prayer that in case in the opinion of the Court the defendant could not be directed to construct the wall and the roof thereon the plaintiff might be allowed to carry out those constructions with a Duchhatti and a room on it which existed on the roof of the defendant from more than 20 years before the demolition of the disputed w All. The plaintiff further prayed that defendant be restrained by means of permanent injunction from making a wall in front of a Roshandan of the plaintiff which was in the first floor of his house.

2. The case of the plaintiff in brief was that the plaintiff owned a house ABCD in the sketch map attached with the plaint excluding the room shown as CEFG in the house which belonged to the defendant. Over this room the plaintiff had a Duchhatti and over the Duchhatti there was a room of the plaintiff in the first floor. His case was that the room of the defendant was 7 ft. long and 7 ft. high and over this room of the defendant t

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