Heard learned counsel for the parties.

This is plaintiff's second appeal arising out of O.S.No.240 of 1974 which was dismissed on 28.04.1981 by 8th Additional Munsif, Allahabad. Against the said decree plaintiff-appellant filed Civil Appeal No.359 of 1981 which was allowed in part by IInd Additional District Judge, Allahabad on 17.02.1984. The suit of the plaintiff for permanent prohibitory injunction in respect of land in triangular shape lying towards north of plaintiff's house was decreed. However, the suit in respect of large area of land lying towards west of plaintiff's house and the triangular piece of land was dismissed. Amin had been appointed in the suit who submitted a report on 12.01.1978 along with map. The map was numbered as paper no.45-A. Lower Appellate Court directed that the "suit of the plaintiff for permanent injunction is decreed in respect of the land construction etc., towards east of the line CAF in the map 45-A". Thereafter it was decreed that "the suit of the plaintiff for the land CDEF in the map 45-A is dismissed".

2. This appeal was admitted on 12.10.1984 on substantial question of law as framed in paragraphs I, II and V at page 4