JUDGMENT

Tudball, J. - This appeal arises out of a suit brought by the plaintiff-respondent, in which he asked the Court for a perpetual injunction to restrain the defendant from interfering with his building a certain wall. The parties are owners of adjoining houses. The plaintiff wished to build an upper storey on the room which is marked (A) in the plan attached to the plaint. The defendant objected. Hence the suit. The plaintiff was desirous of building on the two walls running west and east and north and south which divide the two houses. There were other reliefs and other matters in the suit with which, however, we are not concerned on appeal. The question before me is whether or not the plaintiff is entitled to raise the party walls in dispute without interference on the part of the defendant. The Court of first instance dismissed the suit. The plaintiff appealed. His case was that the party walls belonged entirely to himself and that he had a right to build upon them. The lower Appellate Court found, as a matter of fact, that the party walls belonged to the plaintiff and the defendant jointly. To use the lower Court's own expression it found that they were joint owners of th