JUDGMENT

Hilton, J. - In village No. 62 of tahsil Palampur in the Kangra district there is a bed of a stream described in the revenue papers as ghairmumkin khadd which is common land of the village. The defendant Ram Singh, who is one of the village proprietors, has reclaimed seven marlas of this land adjacent to his own proprietary land and has put it under cultivation and has built a wall alongside the plot thus reclaimed. The two plaintiffs, who are also proprietors in the village, after the unsuccessful attempt to persuade the revenue authorities to oust Ram Singh from this plot presented a plaint on 29th August 1930, asking for relief by ejectment of Ram Singh and an injunction against repetition of the encroachment. The suit was dismissed by the trial Judge but the learned Senior Subordinate Judge on appeal by the plain. tiffs has decreed the defendant's ejectment and the defendant has now preferred this second appeal. It was found by the trial Judge and has not been disputed here that the defendant is in possession out of common land of the village of much less than the area that would correspond to his share in the event of a partition. A question was raised before me whethe