GAJHOO DAMAR SINGH Vs. JAGAT PAL SINGH

JUDGEMENT

(1.) The plaintiff-appellant brought this suit for a declaration of his title to, and for confirmation of his possession in a tract of jungle land in which there was a small patch of arable land; or, if he was found to have been dispossessed, then for recovery of possession. The tract of land claimed was alleged to be included in the plaintiff's village of Jabkakona included in pergunnah Beru. Jabkakona lies immediately to the south of Serabera the village of defendant No. 1 in pergunnah Palkote. The boundary line of the two villages admittedly corresponds with the boundary line of the two pergunnahs.

(2.) The cause of action was alleged to have arisen in 1900. In that year plaintiff leased out the jungle to Messrs. Dear and Co., the Company defendant 2nd party; and when the Company proceeded to cut down trees in the jungle and to make sleepers, men on behalf of defendant No. 1 came and carried off the sleepers : defendant 2nd party instituted a case in the Criminal Court but it was dismissed on the ground that the dispute between the parties was one relating to boundaries and could only be decided in a Civil Court. As Messrs. Dear and Co., refused to join as plaintiffs they were added as defendants 2nd party in the suit.

(3.) Plaintiff also alleged that the patch of arable land in the tract in dispute had been reclaimed by his tenants, who had also built huts forming a tolee or hamlet called Bastuli and that his tenants were still in possession of the arable land..