Short Note : The dispute between the parties is in respect to a Chabutra. The plaintiff as well as the defendant purchased their respective portions of the same house from one and the same person. The defendant purchased on 17-4-1971 and the measurements of the property purchased by him are mentioned in the plan attached with the sale-deed. The portion purchased by him measures 31' x 10.19'. The plaintiff also purchased another portion of the house contiguous to the defendant's and the plaintiff's portion measures 20'.6' x 41.37'. The sale-deed in the plaintiff's favour is dated 24-12-1971. Held : The sole question, therefore, for determination would be whether the Chabuhra in question falls within the portion purchased by the defendant. If it does, there can be no plausible objection to the defendant's raising construction on it Unfortunately, the learned lower appellate Court has not addressed itself to this aspect of the matter at all, and has been led away by the fact that since the plaintiff had agreed to pay damages to the extent of Rs. 3,000/- to the defendant in case of dismissal of the suit, this by itself is sufficient to grant temporary injunction. It further appears that even though a Commissioner was appointed, no proper plan was got prepared for determination of the question I have posed above. 2. In the circumstances, I hereby direct that the learned trial Judge will himself go to the spot and get a single plan prepared properly showing both the portions, the portion purchased by the defendant as well as the portion purchased by the plaintiff on the basis of their respective sale-deeds and permit the defendant to raise construction on the portion purchased by him. In case the Chabutara in question falls within the portion purchased by him, he shall not be restrained from raising construction on it and, if it does not, then he shall be restrained from raising construction on it. Revision partly allowed.