HARJI RAM Vs. DHRONACHARYA

JUDGEMENT

(1.) This is defendants second appeal against the Judgment and decree dated March 9, 1978 of the learned District Judge Jhunjhunu reversing the judgment and decree dated November 12, 1976 of the learned Munsif Jhunjhunu. The parties shall be hereinafter referred in the manner as they were arranged in the suit.

(2.) Briefly stated the facts giving rise to this appeal are that on August 20, 1956 the plaintiffs instituted suit for declaration and permanent injunction against the defendants with the prayer to declare that Johad land bearing Khasra No. 196 admeasuring 41 bighas situated in village Bhaderwas, was utilized by them from the time of their ancestors for the purpose of grazing the cattle and only the plaintiffs had the right to graze their cattle in the said land and the defendants be restrained by permanent injunction from making interference and grazing their cattle in the said land.

(3.) Initially civil Court was of the view that only revenue Court had jurisdiction to decide the suit but revenue Court decided otherwise therefore the matter was referred to the High Court from where tin December 14, 1974 the matter was sent to the Court of Munsif Jhunjhunu with a direction to decide the suit.