Satish Chandra, J. - (1.) This is a defendants appeal and arises out of a suit for possession. The Gram Samaj, Abdulla Nagar, district Muzaffarnagar through the chairman of its land Management Committee came to court on the allegations that the land in suit was a portion of abadi plot No. 149 of the village and was lying as waste land. The plaintiff is its owner. The defendants have illegally taken its possession and have endorsed it by constructing walls around it. It prayed for possession and demolition of the walls.
(2.) The defendants pleaded that they were in possession of the land in suit for over 20 years and had been keeping "kuri", bitoras etc. and had been tethering their cattle on the land in suit and that they were entitled to continue to use the land as such.
(3.) The trial court held that though the land had vested in the plaintiff but as the defendants had been in possession of the land as alleged by them, paragraph 59 of the U.P. Gaon Samaj Manual dis entitled the plaintiff from obtaining any relief.;