Himachal Pradesh Court October 1961 Judgments

Tula and ors. Vs. Sadh and ors.

Court: Himachal Pradesh

Reported in: AIR1962HP28

C.B. Capoor, J.C.1. This is a plaintiffs' second appeal and arises out of the appellate judgment and decree of the learned District Judge Mandi whereby the judgment and decree of the learned Senior Subordinate Judge dismissing the suit was affirmed,2. Briefly stated, the plaint allegations were as below:The plaintiffs were the owners of different parcels of land comprised in several Khasra numbers in Hadbast No. 269 Ghogardhar, Tehsil Jogindernagar. For the last three years the defendants have without any right been letting loose their cattle for grazing in the disputed land in the Kharif season thereby preventing the plaintiffs from sowing any crop in their land in that season. On 21-6-1917 an order was made by Shri H. W. Emerson, the then Superintendent Mandi State, recognizing that Hindu Gujars of villages Drangsira, Guma and Ner Kalan had a right to graze their cattle in the land situated in Ghogardhar subject to the payment of 50 per cent of the land revenue to the owners of the l...