M. GULAP SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS appeal is by the plaintiffs, who lost in both the Courts below.

(2.) THE plaintiffs numbering 10 brought the suit under Order 1, Rule 8 of the Code of Civil Procedure, on behalf of themselves and the inhabitants of their village. Taothong, for declaration that they had acquired right of pasturage over the suit land by custom. Their case was that the land in suit had been allotted by Government (defendant No. 2) to defendant No. 3, Messrs. Himalayan Tiles and Marbles Private Ltd. They have further prayed for declaration that the allotment at the suit land to defendant No. 3 by defendant No. 2 was null and void.

(3.) BOTH the Courts below have concurrently held that the plaintiffs failed to establish acquisition of any right by custom to the land in question.