1. This Second Appeal is directed against the Judgment and Decree passed in R.A. 6 of 1974 on the file of the District Judge, Bellary wherein the First Appellate Court while dismissing the appeal filed by the defendants confirmed the decree passed in O.S. No. 137 / 1974 by the Court of the Principal Munsiff, Bellary in favour of the plaintiff.

2. Parties are described as in the original cause.

3. The plaintiff filed a suit against the defendant seeking permanent injunctive relief against the defendant restraining him from putting up any sort of construction on the suit schedule open space.

4. Schedule is detailed as herein:
Open space measuring about 15 feet North to South and 6 feet East to West immediately (on the western side) behind and adjacent to the plaintiff's house bearing No. 53, V Ward Lalakaman, Brucepet, Bellary. Boundaries to the open space has been described as:
East - Plaintiffs house bearing D. No. 53;
West - Public land;
North - Open space and house of defendant;
South - House of Janakiramaiah,

5. In para V of the plaint, plaintiff has made out his substantive case on the following lines:
"There are two windows and water - spouts in the western wall of the plaintiff's