Kinkhede—Plaintiff is the malguzar of Mahal No. 10 of Mouza Neora Bazar in Tahsil Baloda Bazar of Raipur District and the defendants are shopkeepers residing there. In the abadi of that village one Behari bania has a house. His mother sold it to the defendants some years ago. They demolished that old house and built thereon as also on the adjoining malguzari abadi land a new house about a year and a half before the present suit. The plaintiffs case was that the purchase of Beharis house was without his consent and that the defendants had encroached upon the adjoining malguzari abudi lying on three sides of that house, i.e., to the north, south and west. The defendants sale-deed from Beharis mother is dated the 19th January 1917, and is on record as Ex. D-3.

2. The dimensions as given in it are 80 north-south by 46 east-west. The dimensions as given in the mortgage deed dated 21st June 1913 (Ex. P-1) were 38 cubits (57 north-south) and 34 cubits (51 east-west). This mortgage deed was executed by Behari while the sale-deed, was by his mother Dhapabai. The plaintiff laid claim to all land occupied by the defendants new house which was in excess of the dimensions given in the mo