ATA MOHAMMAD Vs. GHERA

JUDGEMENT

(1.) This petition in revision by Ata Mohammad is directed against an order of Shri B.S. Gautam, Senior Subordinate Judge, Chamba, exercising powers of a Judge of the Court of Small Causes, whereby the suit filed by respondents Nos. 1 and 2 against the petitioner and respondent No. 3 for recovery of a sum of Rs. 30/- as damages was decreed for recovery of a sum of Rs. 20/-.

(2.) The plaintiffs-respondents' case was that the ghala named Gawarara-ka-nala measuring 18 biswas comprising Khasra No. 35 situate in village Siyun belonged to them and was in their possession, that in the month of Asoj 2015 B. the petitioner and the defendant-respondent No. 3 cut 160 bets of grass from the aforesaid ghala and appropriated the same and that the aforesaid 160 bets were of the value of Rs. 30/- at the rate of -/3/- per bet

(3.) The suit was resisted by the petitioner and defendant-respondent No. 2 on the grounds that they have been in possession of the aforesaid ghaia for about 80 to 90 years and possessed bartandari rights therein and their cattle have been going through it to the watering place and they have been exercising their bartanadri rights and the right of cutting grass from the aforesaid ghala daily and the plaintiffs-respondents were not entitled to claim any sum as compensation. It was denied that the plaintiffs-respondents were the owners of the aforesaid ghala.