SHOHRAT SINGH Vs. GHULAM EZID

JUDGEMENT

(1.) This is a second appeal by the plaintiff in a suit which he brought for a declaration that he was the owner and in possession of certain lands. In the alternative he prayed for possession and any other relief to which he might be found entitled.

(2.) He is the owner of a -/13/3 share and the mortgagee in possession of a -/2/9 share in Mauza Dhanaura. The defendants are the owners of Mauza Bhad, the adjoining village to the east of Dhanaura. At the time of the last Settlement (1887-1888) the river Ban Ganga formed the boundary between the two villages, its course being a deep curve.

(3.) The plaintiff s case was that in the rainy seasons of 1307 and 1308 Fasli (1900 A.D.) owing to excessive floods a nullah was partly scoured out which tended to straighten the river. The nullah was entirely in the Dhanaura lands. The river, however, retained its old bed until the year 1312 F., when another flood occurred. As a result the river suddenly changed its course and flowed through the nullah, leaving a large area of the Dhanaura village on its eastern bank. The area in dispute is 186 bighas, I biswa, i.e., just over 100 acres.