SARWAN SINGH Vs. OM PARKASH

JUDGEMENT

(1.) This Regular Second Appeal under Section 100 C.P.C. has been filed by the appellants/plaintiffs against the judgment and decree of the Court of learned District Judge, Hamirpur, dated 8.8.2000, vide which he affirmed the judgment and decree passed by the Court of learned Sub Judge Ist Class, Hamirpur, dated 30.3.1993, dismissing the suit of the plaintiffs for permanent prohibitory injunction.

(2.) Briefly stated, the facts of the case are that the appellants hereinafter also referred to as the plaintiffs filed a suit for permanent prohibitory injunction as against the respondents, hereinafter also referred to as the defendants. It was alleged by the plaintiffs that they alongwith tikadarans of tika Rail of Mouza Balduhak have bartandari rights such as grazing cattle, Sandh Bihag, paths, burying dead bodies, taking wood, stones, sand and earth etc. over the suit land. The suit land was recorded in the ownership and possession of Tika Maheshwar Chand and that in the remarks column of jamabandi mutation of sale in favour of the defendants have been shown on a portion of the suit land. It was alleged that the plaintiffs have got bartandari rights over the land measuring 137 Kanals 11 Marlas as detailed in the plaint and since the defendants are interfering in the rights of the plaintiffs over the suit land, hence, the suit filed by them.

(3.) Defendants contested the suit and pleaded that the land in dispute is described as Gair Mumkin Khad and the bartandarans could only exercise bartandari rights as per entries in the `wazib- ul-arz' in respect of the land which was recorded as banjar land. Thus, the defendants stated that they have rightly purchased the land from Tika Maheshwar Chand and as such, they are entitled to use the land for any purpose. Hence, the suit of the plaintiff was liable to be dismissed.