Deepak Gupta, J.( Oral)- This Regular Second Appeal is directed against the judgment of the learned District Judge, Chamba in Civil Appeal No.27 of 2004 decided on 1.11.2004 whereby he has dismissed the appeal filed by the appellants (hereinafter referred to as the plaintiffs) against the judgment of the Civil Judge (Junior division), Chamba dismissing the suit of the plaintiffs.

2. Briefly stated the facts of the case are that the plaintiffs who are residents of Mohalla Hardaspura, Chamba Town, Tehsil and District Chamba, H.P. filed a suit in the Court of learned Senior Sub Judge, Chamba. In this suit it was alleged that the land comprising Khasra No.632 min, Khatta No.479 min, Khatauni No.584 min, measuring 42-10 bighas situated in Mohal Mugla, Pargana Panjla, Tehsil and District Chamba is owned by the State of Himachal Pradesh. According to the plaintiffs they and other residents of a number of villages have bartandaran rights in the said land. These include the right of grazing, right to use portion of land for burial of children etc. It is not disputed that this land has now fallen within the Municipal area of Chamba Town.

3. The suit was purportedly filed by the pla