TULSI RAM Vs. MATHURA SAGAR PAN TATHA KRISHI

JUDGEMENT

(1.) Since the decision of this Court in Braja Sundar (Raja Braja Sundar Deb vs. Moni Behara and others, (1951) SCR 431 the legal phenomena pertaining to the doctrine of lost grant seems to be well settled. This Court in Braja Sundar (supra) upon reliance on the observations of Lord Radcliffe in Laxmidhar Misra vs. Rangalal (AIR (37) 1950 PC 56) stated as below :

(2.) This Court further in Braja Sundar (supra) upon reference to a Bench decision of the Calcutta High Court in Asrabulla vs. Kiamatulla (AIR 1937 Cal 245) was pleased to observe that no lost grant can be presumed in favour of a fluctuating and unascertained body of persons.

(3.) It would be convenient at this stage, however, to note in slightly more greater detail the observations of Lord Radcliffe in Laxmidhar Misra (supra) as below: