BISHESHAR SINGH Vs. HANUMAN SINGH

JUDGEMENT

(1.) The dispute in this appeal relates to certain plots of land, situate in shamilat patti Pami in mauza Kara Kanik. The plaintiff is one of the co-sharers of that village. So is the defendant.

(2.) The land was originally a part of the shamilat land of that village, yielding grass, to the benefit of which, according to the plaintiff, both the parties were entitled.

(3.) The allegation of the plaintiff was that up to 1323 Fasli the plaintiff used to take the grass of the southern half of the land and the defendant used to take the grass of the northern half of the land. There was a further allegation that in the year 1324 Fasli the land became fertile owing to the deposit of silt from the river Jumna and that the parties cultivated their respective half shares and appropriated the profits of their shares of the land that year. There was also an allegation that in 1325 Fasli the defendant ousted the plaintiff and took up wrongful cultivation of the entire land, thereby depriving the plaintiff of his right.