1. This Regular Second Appeal is directed against the judgment and decree of the first appellate Court reversing on appeal those of the trial Judge and dismissed the suit filed by the plaintiff-appellant for a decree of permanent injunction against defendants Nos. 1 to 3 directing them to vacate the disputed land.

2. The facts : The appellant (hereinafter referred to as andthe plaintiff) filed a suit for mandatory injunction or in the alternate for possession against respondents Nos. 1 to 3 (hereinafter referred to as defendants Nos. 1 to 3) directing them to vacate the suit land measuring 16 Bighas 1 Biswa. It was stated in the plaint that the suit land was jointly owned by the plaintiff, defendants Nos. 4 to 13 and one Puran Devi who has since died and whose share was inherited by Nos. 4 to 13 being her legal heirs. The plaintiff had one half share in the suit land while Nos. 4 to 13 were owners of the remaining one-half share. The suit land was originally given to the Mahomedans as licensees by the fore-fathers of the plaintiff and defendants Nos. 4 to 13 who were the owners thereof at that time, with a permission to use the said land as a burial ground. While granting t