DAULAT SINGH Vs. KHUSHAL SINGH

JUDGEMENT

(1.) IN view of a conflict between the two judgments given in Faqir Singh v. Bhim Singh : 1978 AWC 608 and Second Appeal No. 1112 of 1956 Ratan Singh v. Afli Singh decided on 10th March, 1972, brother Deoki Nandan, J. referred the present case for deciding whether the Civil Court may even alter 'traditional boundary' of a village as fixed at the latest settlement.

(2.) FOR appreciating the point we may refer to the facts. The Plaintiff -Appellants filed suit No. 54 of 1964 in the court of Munsif, Pauri Garhwal. This suit has been filed in representative capacity on behalf of the residents of village Peera against the residents of the adjoining village Khairpani. The dispute relates to two different plots of land. One of them lies in the north of the village Khairpani and the other in the south. Disputing the correctness of the boundary demarcation of the Ibbot -son Settlement, the Plaintiffs sought the relief of declaration that the aforesaid two plots were situated within the boundary of their village.

(3.) ON the pleadings of the parties, the trial court framed several issues, one of the issues was relating to the jurisdiction of the Civil Court. The trial court dismissed the suit. In appeal, the only question raised by the Plaintiffs was "whether the two pieces of lands in dispute lie within the boundary of village Peera? If not, have the residents of that village got a customary right of Gauchar, fuel etc. over those lands? Its effect?