K.N. Srivastava, J. - (1.) THIS is a Plaintiff's appeal. The Plaintiffs are residents of village Dungri. The Defendants -Respondents are residents of village Naugaon. Both the villages adjoin each other. These villages are situated in the district of Garhwal. In the hill area, there was a settlement done by Mr. Trial in the year 1822 A.D. which would correspond to Sambat 1880. In common parlance, in the hill area, this settlement is called 'Assi Saal'. There was a subsequent settlement in 1839 A.D. which will correspond to 1896 Sambat. In common parlance, this settlement is called 'Saal 96'. In the earlier settlement, the boundaries were given with reference to direction i.e. East, West, North and South. In the latter settlement, the boundaries of the villages were defined with reference to sequence. This means that a certain hillock a certain waterfall, a certain water -channel or some outstanding land -mark was shown to be the demarcating line between two villages.
(2.) THERE was another settlement in the hill area in 1938 -39 where the boundaries of these two villages were adjusted in accordance with the boundaries mentioned in the settlement of Saal 96. Sometime difference arises as to what 'Planthidar' or hillock or mould to be taken as a boundary line between the two villages because there being a number of water -falls, moulds, hillocks and water -channels close to each other. One has, therefore, to ascertain the boundaries between the two villages as best as one could by taking into consideration the spot situation. In the settlement of the year 1938 -39, the question arose as to whether the 'Palentri Dar' described in the settlement of Saal 96 was one which runs from 'Da' to 'Ta' or the one which was from 'Ja' to 'Sa'. The Assistant Record Officer, after interpreting other documents and on consideration spot situation, came to the conclusion that the boundary line passed from point 'Ja' and 'Sa'. This resulted in taking out more than 5(10 Nalis land of village Dungri and adding to village Naugaon. Objections were filed by certain residents of village Dungri before the Assistant Record Officer but were rejected. They filed an appeal before the Record Officer but the same was also rejected. Nothing happened till the year 1950. In 1950, the present suit was filed by certain residents of village Dungri including the persons who had filed the objections before the Assistant Record Officer on the allegation that fraudulently wrong boundaries were mentioned in the settlement of 1938 -39 which resulted in slicing away 500 Nalis or more area of village Dungri and adding the same to the area of village Naugaon. The Plaintiffs who are residents of village Dungri also contended that they had been grazing their cattle on the land. They, therefore, sought for two declarations, firstly, that this area be declared to be part of the land and secondly that it be declared that it was the grazing land of their village. They also prayed for injunction restraining the residents of village Naugaon from interfering with their grazing right.
(3.) AN Amin was deputed who, on measurement, found that according to the case of the Plaintiffs, the exact are a which they claimed to be part of their village was 556.12 Nalis.;