B. K. CHATURVEDI, J.

( 1 ) THIS is defendants second appeal against a decree passed by the District Judge, durg at Rajnandgaon, on 9th January 1954 in Civil Appeal No. 25-A of 1953.

( 2 ) THE plaintiffs-respondents wanted a declaration that they were the owners of the wall AB between the houses of the appellants and the respondents, as shown in the plaint map, and that they had a right to stop the defendants-appellants from interfering with their right over the wall AB and that they had also a right to remove or destroy anything which might rest on the said wall AB. This declaration has been made by the lower appellate Court, excepting in respect of the wall standing on the portion AK and the rafters and other things resting on that wall in that portion.

( 3 ) THE plaintiffs-respondents have a house facing east in the Sadar Bazar of rajnandgaon town. To the south of that house was the house of one Balmukund poddar, who sold that house to the appellants on 9-10-1926 under the sale-deed ex. P-3. Rekhchand and Agarchand were brothers. Agarchand is dead, and is represented by his sons, who are appellants in this Court. In 1932 there was a partition between Rekhchand and Agarchand, and

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