Code of Civil Procedure, 1908–Sec. 100–Suit for declaration and permanent injunction–Decreed by trial Court and directed to remove the wall–First appellate Court confirmed the decree, however, modified the findings on issue no. 2 up to effect that the land out side the window was a strip land
part of way–First appellate Court concluded the findings in proper way–Report of patwari itself cannot prove the fact of encroachment–Further, plea was raised first time before this Court–Held, appeal deserves to be dismissed for want of substance.
