MOHD ASSAD ULLAH Vs. DULA

JUDGEMENT

(1.) THIS second appeal is directed against the order of reversal of the learned District Judge, Bhaderwah, in regular first appeal No. 21/1970 whereby the judgment and decree of the trial court (learned Sub Judge Bhaderwah dated 16.7.1970) has been set aside, and the suit raised by the respondents, was dismissed. The facts giving rise to this appeal are as under:

(2.) TWO issues were raised by the trial court, which shortly contained as to whether the plaintiffs were exercising their right of grazing cattle in compartment No : 45 and were also cutting grass in compartment No : 47 and, in case, it was proved in affirmative, whether the defendants were interfering in exercise of their such rights.

(3.) ON the full trial of the case, the learned trial court on the memorandum of evidence found that the plaintiffs were solely grazing their cattle in compartment No: 45 and were cutting the grass in compartment No : 47. The learned District Judge reversed this finding on the ground that the trial court did not take into consideration the documentary evidence produced before it that respondents were grazing their cattle in the suit compartments for the last more than 40 years and have thus acquired their unimpeachable right to do so permanently, without any interference from (he plaintiffs.