NANI GOPAL DUTTA Vs. KSHITISH CHANDRA BANERJEE

JUDGEMENT

(1.) These appeals are on behalf of the plffs. appellants. Second Appeal No. 1571 of 1943 arises out of Title Suit No. 103 of 1941. In this appeal the plffs. pray for a declaration of their right of pasturage over the banks of a tank known as Chapra tank & for a further declaration of a right of burial on the southern part of the northern bank of the said tank. They also pray for a permanent injunction restraining the defts. from interfering with the exercise of their right of pasturage & right of burial as aforesaid. The suit was framed under Order 1, R. 8, Civ. P. C. on behalf of the villagers of a village known as Debgram. The right was based on immemorial user & was claimed under three heads, viz., (i) easement of necessity, (ii) lost grant, & (iii) customary right.

(2.) The other S. A. No. 1572 of 1943 arises out of Title Suit No. 105 of 1941. The plffs. are the same in this suit & the right is claimed over the banks of a tank called Boaria tank. The right that is claimed is one of pasturage as in the other appeal.

(3.) The defence in both the suits is a denial of the existence of the right of pasturage & of the right of burial as claimed in the aforesaid two suits.