Kamlesh Sharma, J.—Respondents 1 to 5 are the residents of Majra Dughe, village Kungrat, Tehsil and District Una. They filed civil suit in a representative capacity on behalf of all the residents of Majra Dughe, in which the trial Court passed decree for declaration that the land measuring 451 kanals 19 marlas as described in the heading of the plaint, except Khasra Nos. 1082, 1083 and 1087 which are in possession of Hazara Singh as a tenant (hereinafter called land in dispute), is being used as Charand for grazing cattle, cutting grass, taking fuel wood and for other such common purposes by the residents of Majra Dughe and the State of Himachal Pradesh was restrained from interfering in their such rights and enjoyment, and also to allot the said land to other persons in accordance with the Scheme of Himachal Pradesh Village Common Lands (Vesting and Utilisation) Act, 1974 (Act No. 18 of 1974) In the appeal filed by the State of Himachal Pradesh the decree of the trial Court was affirmed but its findings that the land in dispute had not vested in the State of Himachal Pradesh, were reversed. Hence, the present regular second appeal by the State of Himachal Pradesh.

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