SYED TAJUDDIN SAHIB Vs. SHAIK ALI AHAMAD SAHIB

JUDGEMENT

(1.) It is conceded that the District Judge is wrong in saying that there is no satisfactory evidence that the appellants before him prevented the plaintiffs men from catching fish; the written statements contain admissions of obstruction by the defendants.

(2.) The plaintiffs then have laid a foundation for their claim for an injunction, if they could show that they bad established a right to take fish from the tank to the exclusion of the defendants. The case for the defendants was that all the villagers having lands in the Ayacut were entitled to rights in the fishery- and there is evidence on both sides, to which the District Judge has not referred. He refers to Exhibit XVIII and Exhibit D but merely to dismiss them with the remark that Exhibit D is not binding on the defendants, because they were not parties to Exhibit XVIII. This, it is alleged before us, is incorrect; the defendants, it is said, were represented among the Jeevita Maniyamdars in the former suit, and Exhibit D, though it is not claimed to be conclusive against them would in that event be important evidence; whether they were parties or not is therefore, a matter to which the District Judge will have to give further consideration; but even if the defendants were not parties, the judgment and decree may be relevant as showing what were the claims of the Jeevita Maniyamdars at the time. They may also be important as showing that the Jeevita Maniyamdars held as grantees from the Inamdars and, consequently, that there is no presumption that they had any rights in the fish from the Government as the District Judge suggests. The District Judge thus appears to us to have excluded from his consideration on insufficient grounds, evidence of which he ought to have considered the effect and so far as we are able to judge from his very brief judgment has also failed to consider other evidence in the case which may be important. We are unable, in these circumstances, to accept his findings against the plaintiffs and must ask him to return revised findings on all the issues, on the evidence on record.

(3.) The findings should be submitted within six weeks from this date and seven days will be allowed for filing objections.