KRISHNA KUMAR DEB Vs. ATUL CHANDRA GHOSE

JUDGEMENT

(1.) The plaintiff instituted this suit against the defendants Nos. 1 to 10 as principal defendants and defendants Nos. 11 and 12 as pro forma defendants for declaration of right by purchase to a tank with an outlet comprising an area of 5 cattas and of right by inheritance to 1 catta of land and for confirmation of possession in respect of the said 5 cattas and for recovery of khas possession in respect of the said 1 catta and for an injunction.

(2.) The plaintiff's case was that he has acquired 3/4 share in the said tank by purchase, the remaining 3/4 share belonging to the defendant No. 12, and had also acquired title to the said 1 catta of land by inheritance and thereafter by partition with his brother the defendant No. 11. As for the tank, the allegation was that there was an outlet at its north-east corner from the time of the plaintiff's vendor, and the plaintiff closed the same for the purpose of rearing fish; that the defendants Nos. 1 to 9, at the instigation of the defendant No. 10, for themselves and also on behalf of the public, instituted a criminal case against the plaintiff, for getting the said outlet opened on the allegation that there was a public boat passage through the said outlet. As to the said 1 catta of land, the allegation was that the defendant, No. 10 had encroached upon it and had dispossessed the plaintiff therefrom.

(3.) The prayers in the plaint were substantially the following : (a) for a declaration of title of the plaintiff by purchase to the 5 cattas of tank together with the outlet and his right by inheritance to the 1 catta of land, (b) for a declaration that the defendants or the public of the neighbourhood had no right to a boat passage either by right of easement or any other right, and that the outlet may remain closed intact and be not opened, (c) for confirmation of possession in the 5 cattas of tank together with the outlet, (d) for a temporary injunction and also a permanent injunction that the said outlet may never be opened and (e) for a decree for khas possession in respect of the 1 catta of land by ejecting the defendant No. 10 and by removal of the obstruction caused by him.