MANINDRA NATH BOSE Vs. BALARAM CHANDRA PATNI

JUDGEMENT

(1.) This appeal has been referred to the Full Bench by a Division Bench of this Court consisting of S.K.Chakravarty and S. K. Datta, JJ., for the decision of the question whether an exclusive right to ferry can be acquired by prescription. The reference has been made under Rule 7, Chapter VII of the Appellate Side Rules.

(2.) The plaintiffs instituted the suit against the defendants for a declaration of their exclusive right to ferry across the river Kalindi and for a permanent injunction restraining the defendants from interfering with their said right. The defendants were sued in a representative character under Order 1, Rule 8 of the Code of Civil Procedure as representing the boatmen community of the village Hingulganj, within P. S. Hasnabad, in the district of 24-Parganas.

(3.) Kalindi is a public navigable river to the east of Hingulganj market situate at the village Hingulganj. The case of the plaintiffs is that their predecessor-in-interest Ramchand Patni acquired this exclusive right by a grant from the 'Ruling Power'. The ferry is known as 'Ramchand Patnir Kheya'. It has been alleged by the plaintiffs that from time immemorial they have been exercising an exclusive right to ferry passengers and goods from Hingulganj market to Basantpur market across the river Kalindi. In January 1954, the defendants Nos. 5 and 6 with the help of defendants Nos. 1 to 4, made an attempt to start a rival ferry at the same place which lead to a proceeding under Section 144, Criminal Procedure Code. Hence, the plaintiffs instituted the suit for the reliefs aforesaid.