SHINGHAL, J.—This second appeal of defendant Ramchander Singh is directed against the judgment and decree of the learned Civil Judge of Jalore dated March 20, 1959. It arises in these circumstances.

2. The parties are residents of Sayla, which was once a jagir village. Defendant Ramchander Singh obtained a Patta from the other defendant Raghunath Singh, who was then the Jagirdar of the village, on December 4, 1954, for a piece of land in the village marked GDCYEF, made some construction on portion AXYB thereof, and also built a small platform on porion XDCY. All these have been shown in site plan Ex. 1. This was considered by the villagers to be an encroachment on the village akhariya (or common land at the extreme end of the village) which has been marked in green chalk in the site plan. The plaintiffs therefore raised the present suit, in a representative capacity, in the court of the munsiff of Jalore on September 10, 1957. They pleaded that the portion of land marked GDCYEF was a part of the village akhariya which had been in existence for over a hundred years and had been used as the common land of the village for the grazing and resting of the village cattle. Thus the plaintif

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