1. This is an appeal by the deft, against the judgment and decree of the Dist. J. Gwalior, who amending the decree of the trial Court decreed the suit of the pltf. in toto. The facts of the case briefly are as follows. The pltf. filed a suit against the deft, in the Court of the Cantonment Mag. Morar, alleging that between the houses of the parties there is open land on which the pltf'a. sweeper has a right of way to come and clean pltf's. privy. On this land the deft, constructed his privy and thereby obstructed the easementary right of the pltf. By the same act he also obstructed the access of a light and air to the pltf's. privy, The deft, also encroached upon the walls of the pltf. by fixing girders into the walls and resting the stone slabs on them. On these allegations the pltf. prayed for a decree to remove the structure of the deft, or in the alternative for a decree to remove the encroachment on the walls and the obstruction of way light and air.

2. The trial Court gave a decree for removal of encroachment on the walls and dismissed the rest of the suit. Both the parties preferred an appeal against this decree in the Court of the Dist. J, at Gwalior. The learned D