ASHGAR ALI Vs. SECYOF STATE

JUDGEMENT

(1.) These twenty-two, appeals, in which the plaintiffs are the appellants, are from decisions of the First Additional Subordinate Judge off Noakhali reversing decisions of the Munsif of Hatiya, and arise out of as many suits brought by the plaintiffs-appellants, who are khas mehal tenants, claiming title to certain lands as re-formations and accretions to the lands of their respective jotes held under Government in Chur Jagabandhu a Government Khas Mehal bearing Touzi No. 1943 of the Noakhali Collectorate. The lands, in dispute are on the west side of the admitted jote holdings of the plaintiffs under defendant 1, the Secretary of State for India, and the plaintiffs claimed them as appertaining to their settled jotes under defendant 1 by right of accretion, or by right of re-formation in situ.

(2.) The suits were contested by defendant-1 and by some of the defendants with whom the disputed lands have been settled by defendant 1, in breach, as the plaintiffs alleged, of the right conferred Upon them (plaintiffs) by Section 4, Bengal Alluvion and Diluvion Regulation of 1825 (Regn. 11 of 1825).

(3.) Defendant 1, now respondent in these appeals, denied that the plaintiffs hah any right of accretion or re-formation in situ, and pleaded limitation under the general and special laws of limitation. Certain other points were also raised to which reference is not necessary for present purposes.