( 1 ) THESE two second appeals arisa from the two decrees in two appeals before the additional District Judge, Bhind from the judgment of the Civil Judge;, Second class of Bhind allowing in part the suit of Amir Khan, who is the appellant in Civil second Appeal No. 160 of 1956 for certain declarations and the removal of encroachment. In view of the order that is being passed, it is unnecessary to go into the basis of the concurrent findings of facts.

( 2 ) BUT it is necessary to set out the general nature of the dispute that seems to have been going on mostly in Courts for some years, and is not without dangerous possibilities. In Bhind there is a mosque and adjoining it an Idgah, a piece of land used by the Muslims of the locality, for assembly on certain occasions. To the north of Idgah is the house of Bal-deo Prasad, whose sons were the defendants in the suit and are the appellants in Second Appeal No. 145 of 1956. To the east of Baldeo's house is a lane or passage which goes to the Idgah, but how far beyond it is not clear. For the thirty or forty years some sort of petty differences have been existing between Baldeo Frasad, some Muslims of the locality, who