ABHOY CHARAN JALIA Vs. DWARKA NATH MAHTO

JUDGEMENT

(1.) The suit out of which this appeal arises was framed as one for the recovery of possession of a certain portion of the river Daratana on establishment of plaintiff s right to fish therein.

(2.) A Civil Court amin was deputed to locate the site of plaintiff s alleged fishery and the tract of river. in dispute, and it was thereupon found that what plaintiff claimed was (i) the exclusive right to fish for shrimps or prawns by means of a stake-net placed across the river and fastened to posts fixed at stations 1 and 13 on the map prepared by the amin, and (ii) the right to prevent the defendants and others from placing any similar stake-net across the river at any point between his net and stations 17 and 18, some 600 yards to the north, and stations 3 and 8, a similar distance to the south. 2. As it appeared that shrimps are caught only at ebbtide, when the current is from north to south, the plaintiff-respondent s claim in respect of the portion, of the river lying to the south of stations 1 and 13 has been dismissed, but the plaintiff has been given u decree declaring his exclusive right to fish by means of a stake- net at stations 1 and 13, and restraining the defendant from placing any stake-net across the river between those stations and stations 17 and 18 to the north.

(3.) The findings on which this decree is based are that at the site in question the plaintiff has been catching shrimps by means of stake-nets for the last 30 or 40 years openly, publicly, peacefully, without interruption and as of right.