1. - This is plaintiff's second appeal against the appellate judgment of the learned Senior Civil Judge No. 1 Jodhpur dated August 29, 1967 by which he set aside the judgment and decree of the Munsif, Jaisalmer, dated September 23, 1964 passed in Civil Original Suit No. 51 of 1962 & dismissed the suit of the plaintiff-appellant with costs

2. The facts giving rise to this appeal may be briefly noticed. The plaintiff-appellant owns a house situate in ward No. 6 at Jaisalmer, the description of which is given in pare 1 of the plaint. The case of the plaintiff-appellant as disclosed in the plaint is that in from of the house there existed a 'chabutri' measuring 6' long& 3' wide & this 'Chabutri' extended upto the shop of one Hazarimal son of Khubchand. The measurement of the chabutri as it existed at the time of the institution of the suit was 2' 4" long and 3' wide According to the plaintiff, this Chabutri was part of the plaintiff's house described in para 1 of the plaint and he has been in continuous possession of this chabutri as owner since generations There are steps on this chabutri which are being used for ingress and egress of the plain tiff-appellant The plaintiff app