JUMLA JAMINDARAN, VILLAGE TELANGI, NUMBERING 76 AND ORS. Vs. JUMLA JAMINDARAN VILLAGE PANGI NUMBERING 214 AND ORS.

JUDGEMENT

(1.) THIS regular first appeal has been preferred by the defendants - appellants against the judgment and decree passed by learned District Judge, Kinnaur, Civil Division at Rampur Bushahr, whereby he decreed the suit of the plaintiff.

(2.) THE facts, in brief, may be noticed. The plaintiffs filed a suit in a representative capacity for declaration declaring that the land comprised in khata Khatoni No. 70 mini/138 min, Khasra Nos. 1, 3, 7, 7/2 and 8 (after recent revenue settlement) measuring 68 -11 -62 hectares within the area of Chak Pangi, Tehsil Kalpa, District Kinnaur and that all the right holders of village Pangi have been exercising their customary right of collecting Neoza (Pine -nut), fuel wood, grass and grazing cattle from time immemorial openly, peacefully, continuously as of right without any interruption from any side to the knowledge of the defendants. They have further questioned the order dated 2.9.1983 passed by the Revenue Settlement Collector in case No. 23/83 as being void, illegal, arbitrary, unjust, without jurisdiction and against the law and facts with consequential relief of perpetual injunction restraining the defendants from interfering in the rights of the plaintiffs over the suit land in any manner. The other averments made in the plaint need not be noticed in view of the order, I propose to pass.

(3.) ADMITTEDLY , the State of Himachal Pradesh is the owner of the land and has not been arrayed as a party to the present suit despite objection to this effect.