BHARATH MAHTON Vs. MOD NARAYAN SINGH

JUDGEMENT

(1.) This is an appeal from Khaja Mohammad Noor, J., rejecting the appeal of the defendants from the Subordinate Judge who in turn had rejected their appeal from the Munsif. The plaintiffs are the proprietors of a 15 annas 10 gandas odd share in village Bahuara and the defendants are the raiyats of the village. The defendants are also the proprietors of the remaining 9 gandas odd share. The river Gandak flowing from west to east at one time formed the northern boundary of the dry land of the village and the property in the bed of the river was vested in the proprietors thereof. On the north bank of the river was village Tetri.

(2.) Many years ago the river began to shift its course north-wards until it was flowing north of Tetri with the result that the original bed between the two villages became uncovered. The finding is that it was the property of the maliks of Bahuara but it seems to have been cultivated by the people of Tetri as an accretion to their holdings in Tetri and it was so recorded in the cadastral survey in 1902. The river then began to move south-wards again until it passed once again over its old bed submerging these lands which had accreted to Tetri. In 1924 the river again began to move north and once again to uncover these lands and also uncovered more which had always until then been the bed of the river.

(3.) Of the total are a of 15 bighas 19 kathas and 13 dhurs thus uncovered, 13 bighas 18 kathas and 5 dhurs are identifiable as having previously been uncovered and 2 bighas 1 katha and 8 dhurs, had not previously been uncovered. The defendants in their capacity as tenants say that the whole land is an accretion to their holdings which they are entitled to hold as raiyats paying rent therefor. Alternatively they say that such lands are identifiable as formerly in the cultivation of the people of Tetri and belong to those people who alone have any title thereto.