SABJANBENU Vs. MIZAI MIA

JUDGEMENT

(1.) The basic question which arose in this case is that according to plaintiff the Barak River gradually receded towards the further south as a result of which there is accretion to the dag of the plaintiff. But this land which was available by alluvion was settled to Defendant No.2 by the State of Assam and hence the plaintiff filed the suit for declaration of right, title and khas possession.

(2.) A written statement was filed wherein the defence was taken that the suit land was not accretion of Dag No. 62 but due to change of the course of river Barak, the land was contiguous to dag No. 65 of patta No. 21 belonging to the defendants. It is a part of an alluvion of river bed resulting from change of course of river.

(3.) The Learned Trial Court decreed the suit holding that it was a alluvion as contended. Earlier, there was a Second Appeal before this Court and this Court remanded the matter to the appellate Court to dispose of the same in accordance with law. The appellate Court after remand found as follows: