RAM SAKAL MULLAH Vs. NAGESHAR MULLAH

JUDGEMENT

(1.) This is a Letters Patient appeal by the plaintiffs against the decision of a learned Single Judge of this Court dismissing their appeal arising out of a suit for an injunction.

(2.) The plaintiffs instituted a suit in the trial Court claiming an exclusive right to ferry across the river Sarju between two ghats. One of these ghats is situate on the land belonging to the zamindars of Bansthana village while the other is across the river on the land belonging to the zamindans of Mobarakpur.

(3.) The plaintiffs came to Court on the allegations that they, and before them their ancestors, had been plying a ferry between the aforesaid two ghats and had thus had acquired an exclusive right to it as against every one, that the defendants had started a rival ferry without any right and were preventing the plaintiffs from carrying on their trade. It may be stated here that the plaintiffs are licencees from the zamindars of Bansthana.