CODU Vs. UNION OF INDIA

JUDGEMENT

(1.) BOTH these references have been made by the Assistant Collector, Beawar, through the Collector, Ajmer, and since they involve a common question of law, they are disposed of together.

(2.) THE facts giving rise to them are that on 16. 12. 55, Codu and Shriram filed a representative suit on behalf of themselves and other residents of village Lordi in the court of Sub-Judge, Beawar. This was numbered as Suit No. 222 of 1955. . It was filed against Surajmal and other residents of village Daulatpura Sathana. THE plaintiffs' case was that there was one pasture land of village Lordi measuring about 100 bighas known as bada beed. It was asserted that the plaintiffs and other residents of village Lordi were grazing their cattle on the said pasture land for the last several years without any interruption or hindrance from anybody, that on the 15th December, 1955 the defendants had started cutting down the grass growing on the said pasture land and that they had also let loose their cattle to graze therein. It was prayed that a perpetual injunction be issued against the defendants restraining them, their servants and agents from cutting and removing the grass growing on the said pasture land.