LAKSHMAN GOWROJI NAKHWA Vs. RAMJI ANTONE NAKHWA

JUDGEMENT

(1.) This suit is one of a series of disputes between the Colaba and Mandvi sections of Bombay fishermen with respect to certain fishing stakes and fishing grounds in tidal navigable waters oft" the Oyster Rock in the Port of Bombay. It is in the nature of a test case, and certain other suits have been stayed by the consent of the parties pending the hearing of the present suit.

(2.) In the present suit the plaintiff is a Colaba Hindu fisherman, and the defendant is a Mandvi Christian fisherman. But there are Hindus as well as Christians among the Mandvi fishermen. The stakes in dispute in the suit are Nos. 31 and 32 in the line of stakes lying to the south-east of Oyster Rock and known as Bhairchee Kau, which means further from the shore. The other. lines of stakes lie to the north-east of the Oyster Rock and are known as Durchee Kau or nearer the shore. We are not concerned with the latter stakes in this suit except indirectly.

(3.) Very briefly stated, the plaintiff claims that the locus in quo is a public fishery. The defendant on the other hand claims to be entitled to a several or exclusive right of fishing based on prescription, or alternatively, on the presumption of a lost grant or grants. He further relies on estoppel based on a tenancy agreement or agreements which the plaintiff as tenant gave to the defendant as landlord.