LAWS(PVC)-1933-7-22

BABU KIRTYANAND SINGH BAHADUR Vs. RAJA DEONANDAN PRASAD

Decided On July 31, 1933
BABU KIRTYANAND SINGH BAHADUR Appellant
V/S
RAJA DEONANDAN PRASAD Respondents

JUDGEMENT

(1.) This is a plaintiffs appeal from the decision of the Additional Subordinate Judge of Bhagalpur dismissing their action for an injunction against the defendants restraining them from establishing a ghat on the north bank of the river Gogra in the plaintiffs mauza restrai them from anchoring boats and landing passenger in the same mauza and also claiming a declaration that in the event of th defendants establishing a ghat in the said mauza the plaintiffs be entitled to Recover ferry charges on the north bank of the said river.

(2.) The Subordinate Judge has held the defendants are entitle to ply a ferry between the south bank from a point admittedly in the mauza of the defendants to a point on the north in mauza Ratwara.

(3.) The Plaintiffs are proprietors of the 9 annas share and lessee of the remaining 7 annas of the mauza Kishanpur Ratwara and the defendants are proprietors of mavza Nagapara to the south and between these two villages runs this river I have mentioned which is a tributary of the Kosi Ii is not denied that the defendants have been plying a ferry from time immemorial from a point in their mauza Nagapara the point being the junction of a public road in the mauza across the river to a point on the north bank of the river and in these circumstance the only substantial dispute between the parties is the exact position of the point on the north bank.