( 1 ) THIS appeal arises out of an action brought by the respondent Gopikrishna against the appellants for damages in respect of injuries, to the plaintiff's house and articles consisting of medicines, clothes, etc. The plaintiff claimed damages to the extent of Rs. 5,247-8-0. The learned Civil Judge, Ujjain, who tried the suit, gave to the plaintiff's a decree for Rs. 3,000 only.

( 2 ) THE plaintiff Gopikrishna is the owner of a house situated in Ramji-ki-Gali at ujjain. The defendants are the owners of an adjoining house situated to the west of the plaintiff's house. The walls of the two houses are contiguous touching each other lengthwise. The plaintiff alleged that the two adjoining houses, built independently but each on the extremity of its owner's soil, had lateral support from the soil on which the other house rested; that sometime in May and June 1943, the defendants employed some workers to pull down their house and reconstruct it; that in this work of reconstruction, the defendants dug the foundation of their house so deep as to remove some of the stones and some part of the soil, which formed the support of the plaintiffs house; and that on account, of this re