JUDGMENT

Bennet, J. - This is a second appeal by the defendant against the decree of the lower appellate Court directing the removal of a certain chaupal which the defendant has erected on the abadi land of the village. The first ground taken was that the land was the sehan of the defendant's house and that the defendant had a right to use it for the purpose of his tenancy and the land was appurtenant to the tenancy. The finding of the Courts is that formerly there was no piece of ground in front of the defendant's house and that the defendant apparently tied his cattle on a part of that ground which may be said to be using the ground as a sehan, but there was no wall round the ground, nor was it marked off in any way. The next finding is that not more than three or four years before the suit the defendant' made a shed or chaupal a kind of lean to against his house, which is stated to be for his purpose of protecting his cattle. The use of the land as a sehan does not in my opinion justify the defendant in making the structure in question on it. No evidence has been produced to show that this was an easement of necessity. Nor has that defence been taken. The next point which was arg