I. N. MODI, J.

( 1 ) THESE are two cross appeals arising out of the judgment of the Civil Judge, churu, dated 21-4-1953, in a suit for possession of certain land, and we have also before us the cross objection filed by defendant Nathmal and his three brothers. Appeal No. 28 of 1953 was filed by Madanlal plaintiff in this Court, while appeal No. 34 of 1954 was filed originally by defendant Nathmal and others before the district Court and thereafter re-presented to this Court on 15-2-1954. These defendants thereafter filed a cross-objection in this Court in order to avoid the plea of limitation, which might possibly have been raised by the plaintiff on the ground that the defendants had filed their appeal in the wrong court and had presented it in this Court long after the period of limitation had expired, but there is no dispute before us that the cross-objection was filed within one months time of the service of notice of the plaintiffs appeal on these defendants. We proceed to dispose of these matters by this judgment.

( 2 ) THE dispute between the parties relates to two plots of land situate in the town of Churu, --these plots being adjacent to each other. The plaintiff