( 1 ) THIS is defendants Second Appeal against the judgment and decree dated 25. 1. 1991 passed by sri Rakesh Dull, the then Special Judge (E. C. Act)/additional District Judge. Agra in Civil appeal No. 24 of 1986 arising out of Suit No. 239 of 1977 which was dismissed on 24. 12. 1985 by the trial court, i. I. e. . VIth Additional Civil Judge. Agra.

( 2 ) THE facts of the present case lie in a very narrow compass. The Gaon Sabha, Pachokra. Tahsil etmadpur, district Agra has been holding a cattle hat over its Plot Nos. 832, 835, 836 and 837 from much before the year 1956. Earlier the hat was organised by the Gaon Sabha Itself but subsequently, the right to hold the hat was auctioned on year to year basis. Laxmi Narain defendant-appellant No. 1 was a Clerk/scribe engaged in the hat on behalf of the Gaon Sabha. He along with two other defendant-appellants purchased the Plot No. 834 in the year 1963 and with the help of other defendant-appellants, started holding hat on the aforesaid plot on every friday. There arose a dispute about the rival claims to hold the hat on different plots and consequently. preventive measures by invoking Section 144 of the Code of Criminal Pr