NANHEY SINGH (SINCE DECEASED) Vs. PARSHADI (SINCE DECEASED)

JUDGEMENT

(1.) THIS second appeal, preferred under Section 100 of the Code of Civil Procedure, 1908, is directed against the judgment and decree dated 18.10.1988, passed by lower appellate court (Special Judge/Addl. District Judge, Nainital), in Civil Appeal No. 67 of 1986, whereby said appeal is dismissed upholding the decree passed by the trial court, in favour of the plaintiff.

(2.) HEARD learned counsel for the parties and perused of lower court record.

(3.) THE defendants contested the suit instituted by the plaintiff and filed their written statement denying the allegations made in the plaint. However, it is admitted that in the year 1969, when the dispute arose between the parties they entered into a compromise. As to the tethering of the cattle, it is pleaded by the defendants that they are using the disputed portion of the land for that purpose for more than 40 years and, as such, have matured their easementary rights over the disputed land.