PAPALA NARAYANASAWMY NAIDU Vs. SECRETARY OF STATE FOR INDIA IN COUNCIL REPRESENTED BY THE COLLECTOR OF CHINGLEPUT

JUDGEMENT

(1.) In this case the plaintiff as owner of the shrotriem village of Kilianur, asked for a declaration that a portion of the bed of the Kusasthalai river belonged to him, and for an injunction restraining the defendants from interfering with the enjoyment thereof. The Defendants Nos. 1 to 14 are the ryots of the neighbouring village of Patraiperambudur. The 15th defendant is the Secretary of State for India. The District Munsif dismissed the suit. On appeal the District Judge gave a decree for the Plaintiff. The Defendants appeal against this decree. We think the appeal must be allowed on the ground that the plaintiff is not the owner of the portion of the river-bed claimed by him. In this Presidency the beds of rivers are ordinarily vested in Government, as pointed out by Sundara Aiyar J. in the recent case of Chockalingam Pillai v. Emperor (1912) 1 M.W.N. 119 See also Section 2 of Act III of 1905 and Kundukuri Mahalakshmamma Garu v. The Secretary of State for India (1910) I.L.R. 34 M. 296 at 303.

(2.) It is, therefore, necessary for the plaintiff to show that the portion of the river-bed in dispute belongs to him. The plaintiff s title rests on the grant (Exhibit F) made to his predecessor in title in 1802, and on the Inam title deed (Exhibit H) issued in 1879.

(3.) The former recites the reason for the grant as follows:-"The settlement of a permanent land tax on the lands of the Honourable Company s Jaghir having rendered the continuance of the office of Nauttawar unnecessary the Governor in Council has abolished that office, and the immunities attached thereto ; the Governor in Council has at the same time been pleased favourably to consider the claims of the present incumbents in the office of Nauttawar, whose interests are affected by the abolition of that office ; and has been pleased to resolve that their Shrotriem lands shall be continued to them and their heirs."