KAN SINGH, J.—This is a plaintiffs second appeal arising out of a suit for mandatory and permanent injunction as well as mesne profits.

2. The suit was filed by the Managing Committee of the Shahi Jama Masjid, Merta City. The mosque known as the Shahi Jama Masjid is said to have been constructed by the Muslim Emperors of Delhi. It is a massive building-. It has a solid platform and comprises heavy arches, domes and lofty Minars. It is a protected ancient monument and is under the supervision of the Archaeological Department. According to the plaintiff, there are a large number of shops appurtenant to the mosque.

3. The subject matter of the litigation is a small strip of open land 5-1/2 x 4-1/2 situated on the back side of the mosque towards the south of the western corner of the main building. It is sand witched between two shops. According to the plaintiff, the strip of land in question was in the ownership and possession of the Shahi Jama Masjid and the Management Committee had been admitting tenants on it from time to time. The grievance of the plaintiff was that the Municipal employees of Merta had fixed certain slabs of stone in the disputed strip of land. This is said to have

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