( 1 ) THIS is a plaintiffs second appeal in a suit for declaration of the traditional boundary between two villages Ginthali and Kyard in the district of Pauri Garhwal, under Section 13 of Kumaun nayabad and Waste Lands Act, 1948.

( 2 ) IN brief the plaintiffs case was that a part of the boundary of their village had wrongly been fixed in the settlement made in the year 1935, for not being in accordance with the boundaries fixed in the settlements of Sal 80 (1823 A. D.) and Sal 96 (1839 ). The defendants contested the case of the plaintiffs. It is not necessary for the purposes of the decision of this appeal to refer to the pleadings of the parties in this case. Issues framed by the trial court bring out the controversy between the parties. They were:-

(i) Whether the land lies within villages Ginthali and Maindwari according to Sal 80 and 96, boundary description ? (ii) If so whether the boundary line running by pillars Nos. 41, 42 and 43 has been wrongly fixed during the present settlement ? (iii) Whether the plaintiffs have been exercising exclusive customary rights of user of Gauchar, grass, fuel, panghat, paraw and passage over the land in suit ? (iv) Whether t