RAHINI NANDAN CHAUDHURI Vs. JADUNANDAN CHAUDHURI

JUDGEMENT

(1.) This appeal is by the plaintiffs arising out of a suit for establishment of fishery lights and for perpetual injunction. The following diagram will show the subject-matter of controversy in this suit:

(2.) Parts 1 and 2 are in the bed of a navigable river Mabananda and No. 3 is a rivulet emerging from it. This suit relates to parts 1 and 3.

(3.) The present suit is a stage, let us hope the last, in a long drawn litigation dating from 1860. In that year the Government resumed under Act II of 1819 a portion of the jalkar over the river and its branches In 1861 Prasanna Kumar Boral, plaintiffs predecessor, brought a suit against the Government in which he claimed his jalkar right on those waters. Defendants predecessor, Alam Saha intervened and, assert ed his raiyatan or raiyati rights but no order was passed on his application though the jama was reduced on that consideration.