ALI MOHAMMED Vs. SHEIKH KATU

JUDGEMENT

(1.) This is an appeal from the decree of the Subordinate Judge of Sylhet, dated the 19 June 1919 reversing the decree of the Munsif of Maulvi Bafcar, dated the 15 March 1918. The plaintiffs in the suit claimed on behalf of themselves and other inhabitants of the villages of Narainpasha, Paschim Atghur and Jatrapur a right of way leading, roughly, from these villages on the north to a tract of land on the south, known as Hail Hoar, which the learned Munsif describes as "the public pasture ground." The plaintiffs duly obtained the leave of the Court to bring the suit under Order I, Rule 8 of the Civil P. C.. In view of the order we are about to make, by which the case will be remanded to the lower Appellate Court, I desire to intimate at once that nothing which I may say in the course of this judgment is intended to express any opinion at all on the merits one way or the other.

(2.) The controversy relates to the southern part of the way which the plaintiffs describe and claim. The northern part of the way is called, according to their case, Gorakandi's Dara. The portion in the centre is called Dwiguner Dara, and then comes the portion on the south in respect of which the dispute has arisen known as Bhater Dara or Bhater Khal. That portion of the way lies between F and G on the Commissioner's map as corrected by the learned Munsif who made two visits to the locality at the request of the parties, one in December 1917 and one in January 1918. The learned Munsif made notes of his two local inspections and these notes are on the record. The learned Munsif, therefore, having seen the lie of the land, was in a position to understand and appreciate the bearing of the evidence adduced before, him by the parties.

(3.) In the result, he came to the conclusion that the right of way claimed had been established and he made a decree in the plaintiffs favour.