DEV SINGH AND OTHERS Vs. GOVIND SINGH AND OTHERS
LAWS(UTN)-2013-8-60
HIGH COURT OF UTTARAKHAND
Decided on August 13,2013

Dev Singh And Others Appellant
VERSUS
Govind Singh And Others Respondents

JUDGEMENT

B.S. Verma, J. - (1.) - By means of this writ petition, the petitioner has sought a writ in the nature of certiorari for quashing the judgment and order dated 01.10.2001, passed by revisional court in Civil Revision No. 12 of 1999 (Bachi Singh and others v. Dev Singh and others).
(2.) Briefly stated the facts giving rise to this writ petition are that plaintiffs (respondents No. 1 and 2) filed a suit for declaration as well as permanent injunction on three counts. It is alleged in the plaint that the plaintiffs are bhumidhars and residents of village Asota, Patti Uchyur, District Almora, along with others. Defendants No. 1 and 2, are residents and bhumidharan of village Satyun, Patti Uchyur, District Almora along with others. The suit was filed under Order I, Rule 8 of C.P.C. in the representative capacity. Both the villages are entered in old Bandobasti records, called as "Assi Sal" and "Chuknama". There is land in both the villages, which is unmeasured and is being used by residents of both the villages within their boundaries for taking grass, jalau lakri (fuel wood) and by other means and have acquired easementry right. The eastern-southern boundary of village Asota of the plaintiffs meets the north-eastern boundary of village Asota of the plaintiffs meets the north-eastern boundary of village Satyum. According to the record, Assi Sala, there is a temple 'Banadi Devi Temple', just near the boundary in the east. In 1992, the plaintiffs got verified the boundaries by 2 Amin, who prepared a map and submitted a report, which has been filed along with the plaint as annexure 'A'. The land has been shown in the map by letters Cha, Ja, Jha, Ma Ta, Da, Dha and other land has been shown by different letters and according to old boundaries, is mentioned in Assi Sala. It is further alleged that a Forest Panchayat was created in 1993, in the plaintiffs' village and simultaneously a Forest Panchayat was also created by defendants in their village Satyun and that included 3 acre land of Forest Panchayat, Asota, which was later on taken from the boundary of village Satyun and included in the boundary of Village Asota.
(3.) As per plaint allegations, the defendants are claiming themselves to be the owners of said land and are interfering in the easementary right of the residents of village Asota, hence suit was filed. The defendants filed written statement denying the allegations of the plaint and pleaded themselves to be the owners of the land in dispute.;


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