ERALIJOOL TEA COMPANY, LIMITED Vs. NAGENDRO NATH CHOWDHURY

JUDGEMENT

(1.) The plaintiff and the principal defendant the Eralijool Tea Company, Limited, are the owners of adjacent tea gardens in the district of Sylbet. The other defendant is the Company s manager. In this judgment 1 shall speak of the defendant company as the defendant.

(2.) The plaintiff s garden is on the east and the defendant s garden on the west of a low range of hills (known as the Borail Hills) running north and south. Near the middle of this range there is a gap and the land here forms a basin towards which the drainage of the defendant s garden from the north as well as the south naturally gravitates, though there was never any natural defined channel. The slope of the ground on the plaintiff s side of the hills is similar. On this side a stream known as the Bogajan Cherra flows from north to south to a point opposite the gap where it turns due east and eventually runs into the Son Bhil some miles away. A tributory stream from the south known as the Balia Cherra meets the Bogajan not very far from the point at which the latter turns east.

(3.) The gap and the basin and some of the land to the east, which is described in the second schedule of the plaint, belong to the defendant, but the defendant s land does not extend to the Bogajan from which it is separated by land belonging to the plaintiff, being the land described in the first schedule of the plaint.