1. - This second appeal under Section 100 CPC is directed against judgment and decree dated 25.05.2013 passed by Additional District Judge, Sojat, District Pali, whereby, judgment and decree dated 17.09.2011 passed by Civil Judge (Junior Division), Sojat, District Pali has been upheld.

2. The facts in brief may be noticed thus : the plaintiffs Vijay Singh and Dhanna Ram filed a suit for declaration and permanent injunction against the defendants-appellants with the averments that plaintiffs were residents of village Sojat Road and look after the public interest issues; they were elected as Panch from their respective wards in the Panchayat Elections; in the urbanized area of Sojat Road a children's cremation place (cPpksa dk 'e'kku) is situated, which was marked as d] [k] x and ?k in the map annexed with the plaint; the land was comprised in Khasra No. 199 ad measuring 0.46 hectare, which was being used for over 100 years for burial of deceased children; there were hundreds of graves of children at the suit land and, on account of such user, the villagers have acquired easement; it was then averred that village Sojat Road was earlier a Jagirdar village, whose Jagirdar was I