ZUMILA ZAMINDRAN Vs. ZUMULA ZAMINDARAN, GANGA LAL

JUDGEMENT

(1.) THIS is the plaintiffs ' appeal against the judgment and decree of the learned District Judge, Kinnaur affirming the judgment and decree of the learned trial Court dismissing the suit of the plaintiffs praying for a decree of declaration that the suit land as described is for exclusive use and exploitation of the plaintiffs from the time of their ancestors and the defendants have no right of any kind on the suit land. Before the learned trial Court, 567 estate right holders of village Sangla through their representatives S/Shri Bhagat Singh, Kehar Singh, Satyawan Singh, Digvijender Singh and Ram Lal (hereinafter referred to as the 'plaintiffs '), instituted the suit in a representative capacity against 323 Zamindaran the estate right holders of village Kamroo through S/Shri Ganga Lal, Lachhman Singh, Bhagat Ram, Diwan Singh, Sunder Lal and Mohan Lal (also in a representative capacity) claiming the reliefs:

(2.) THE plaintiffs pleaded that the suit land (supra) are pastures situated in Mohal Sangla, Tehsil Sangla, District Kinnaur and has been in the exclusive user of the plaintiffs since the times of their ancestors to the exclusion of all the defendants except for those who owned lands in Taksho area of Mohal Sangla, Tehsil Sangla, although they were and are residents of village Kamroo, Tehsil Sangla, District Kinnaur.

(3.) THE Bartandari rights of the plaintiffs mentioned at serial Nos. 1 to 5 in Naksha Bartan had never been disturbed by anyone. These rights are: (1) grazing cattle (2) Cutting of leaves for fodder (3) Collection of fallen out leaves for manure (4) Timber rights for the construction of house (5) Collection of fuel wood.