Bapna, J.—This is a second appeal by the defendant in a suit for injunction.

2. The respondents Roshanlal and Manohar Singh sued the appellant Nathulal on 7th June 1944 on the allegations that the two plaintiffs and the defendants as also the pro forma defendant Malam Singh owned houses having a common approach through Bansarwali Pol at Udaipur and that between the houses of the parties there was a chowk, that is, an open space of land, which was the joint property of the parties. It was alleged that the defendant Nathulal while reconstructing his house was encroaching upon the joint chowk to the extent of a strip of land 2 feet wide and 13 feet long and further the defendant wanted to open a door on a joint chabutary situated on the outer side of the Pol. On a prayer by the plaintiffs, a temporary injunction was granted restraining the defendant from making any construction in the chowk alleged to be joint between the parties. The defendant pleaded that whatever construction he had been making was on the land of which he was the sole owner. As the suit proceeded the defendant made certain further constructions and these were challenged by an amendment of the plaint on 18th July 194

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