MOHI RAM Vs. BANSI LAL

JUDGEMENT

(1.) THIS is an application for grant of certificate to appeal to the Supreme Court against the decision of this Court dated 16 -8 -1954 in Second Appeal No. 38 of 1952 whereby the decision of the District Judge of Mahasu and Sirmur, was set aside and that of the Senior Sub Judge, Nahan, dismissing the petitioners suit, was restored.

(2.) THE above suit had been filed by Mohi Ram and others against Bansi Lal and others with the allegations that the lands in the suit had been purchased in 1950 Sambat for Rs. 155/8/ - out of funds contributed by the villagers of Sangrah. For the sake of convenience, however, the name of Dhayan Singh alone was entered over it as Benamidar. After the death of Dhayan Singh, the defendants continued to hold the property in the same capacity, i.e. as Benamidars. At the time of the settlement Dhayan Singh managed to get the lands entered in his exclusive name by misrepresenting facts. The defendants prevented the plaintiffs from grazing their cattle on this land and also impounded their cattle. Hence the plaintiffs sought a declaration that they, along with the defendants, were the proprietors of the suit lands as well as an injunction restraining the defendants from interfering with their grazing and other rights. In the alternative, the plaintiffs claimed easement rights over this land.

(3.) THE Trial Court (Senior Sub -Judge Nahan) found that the suit lands belonged to the defendants and were in their possession as proprietors and not as Benamidars. It further held that the plaintiffs had no easement rights. Consequently it dismissed the suit.