SECRETARY OF STATE FOR INDIA IN COUNCIL, REPRESENTED BY THE COLLECTOR OF TANJORE Vs. SAMINATHA KOUNDAN

JUDGEMENT

(1.) This appeal arises out of a dispute as to fishery rights in two channels in the Tanjore District claimed by the first defendant, the head of the Tiruppanandal Mutt. The plaintiff was A man who had taken a lease of the fishery rights in these and other channels from Government; and being obstructed in the exercise of his rights in respect of these channels by the first defendant, he filed this suit impleading not only the first defendant but also the Secretary of State as the 2nd defendant. In his plaint he prayed for an injunction restraining the first defendant from interfering with the fishery in the plaint channels and for damages caused to him (the plaintiff) by such interference and he added an alternative prayer that in case it was found that the first defendant was not liable for the aforesaid damages the second defendant should be directed to pay them.

(2.) The Munsif dismissed his suit in toto and ordered him to pay the costs of both the defendants. He appealed to the Subordinate Judge who, after calling for findings on three issues left undecided by the District Munsif dismissed the appeal with costs of both the respondents.

(3.) The present second appeal is preferred by the Secretary of of State (the and defendant in the Munsif s Court and the second respondent in the Subordinate Court) and the first defendant who now figures as the second respondent raised the preliminary objection that as the decrees of both the courts are entirely in the present appellant s favour, he is not entitled to appeal against them.