GURDIAL RANA Vs. RAJINDER SINGH SOOD

JUDGEMENT

(1.) This regular second appeal is directed against the decree and judgment dated 11.12.1980 passed by the Additional District Judge, Mandi, Kullu and Lahaul Spiti Districts at Mandi, HP, whereby the appeal of defendant Maya Devi was allowed and the decree and judgment dated 20.9.1978 of the sub -Judge 1st Class, Kullu, was set aside and the suit of the plaintiffs was dismissed. The Sub -Judge 1st Class had decreed the suit of the plaintiffs.

(2.) The facts in brief are that Amin Chand and Tulsi Ram were the plaintiffs who had filed the suit in their personal as well as representative capacity on behalf of eight other right holders of village Mohal, Kothi Khokhan, Tehsil and District Kullu, for declaration that the grant of Nautor land measuring 5 -2 bighas, situated in Phati Mohal, Tehsil and District Kullu (hereinafter called the suit land) in favour of defendant Maya Devi vide Patta No. 1496/DC dated 13.7.1972, is illegal and also for permanent prohibitory injunction restraining her from interfering in the suit land. The original plaintiff Amin Chand had died before the trial Court and his legal representative Smt. Tara Devi was brought on record, who alongwith Tulsi Ram had filed the present appeal, but both of them have also died in the meantime and their legal representatives are brought on record to continue with the present appeal. Defendant Maya Devi has also died during the pendency of the present appeal and her legal representatives are impleaded as party respondents. The Secretary (Home) to the Government of Himachal Pradesh and the Collector, Kullu (respondents 2 and 3) are also the defendants.

(3.) The case set up by the plaintiffs is that the suit land could not be granted as Nautor to Maya Devi as it is a grazing ground and also the resting place of their cattle. According to them, the rights of the villagers over the suit land granted to Maya Devi as Nautor, have been materially affected. They have also alleged that once in 1965 one Mast Ram had also applied for the grant of suit land as Nautor and his application was rejected on the objections of the right holders, but the grant of suit land as Nautor to Maya Devi was made clandestinely without any notice to them.