Ashwini Kumar Sinha, J.-This second appeal is by defendant no.3 against a JUDGMENT : of modification.

2. The present suit was brought by the plaintiffs in representative capacity on behalf of the people of the village in question and the defendants as well were sued in their representative capacity as Karta of their respective families. The dispute is related to a strip of land over plot no. 288 having an area of 12 decimals as described in Schedule I of the plaint. The plaintiffs put the claim of Easement by customary right and asked for a declaration that the suit land (as described in schedule I of the plaint) was a Public rasta over which none of the defendants has any personal interest. According to the plaintiff, this rasta having an area of 12 decimals had always been used as a public road for the people of the village Sambhor in the district of Bhojpur. The plaintiff's case was that though the land was recorded under the Khata of defendants no.1, it was not his personal property. It was a common public road. According to the plaintiffs; the sale deeds executed by defendant no. 1 in favour of other defendants (vide schedule II of the plaint) were null and void, as d