BHAGIRATH MOLO Vs. ANNADA PROSUNNA MUKHAPADHAYA

JUDGEMENT

(1.) This is an appeal by the defendants in a suit for declaration of a patni right to what is described in the plaint as the disputed Sashikhali khal and for recovery of possession on eviction of the defendants.

(2.) The plaintiff is patnidar of an estate known as Perganna Rangdia, which beara No. 235 on the Revenue Roll of the Jessore collectorate, and No. 163 on the Revenue Roll of the Khalna collectorate. His Base is that the disputed khal was settled with the Zemindar at the time of the Permanent Settlement and that the defendants have unlawfully exercised a right of fishery therein.

(3.) The defendants repudiated the claim and asserted that the disputed khal wad a public navigable river, wherein they had a right to fish, either on the basis of prescription or by immemorial custom.