RAJA SASI KANTA ACHARJEE Vs. KUNJA MOHAN MOITRA AND LALIT MOHAN MOITRA,; LALIT MOHAN MOITRA AND GOLAM MOHAMAD CHOUDHRY

JUDGEMENT

(1.) This appeal arises out of a suit relating to a jalkar in certain kopras or sheets of water which once formed the bed of the river Mahananda.

(2.) The plaintiffs claim them as part of their putni. They allege that these kopras have no connection with the present river Mahananda. The defendant claims them as part of his jalkar in the Mahananda river. The Courts below have concurred in decreeing the suit. The defendant has appealed to this Court.

(3.) It is found that the kopras lie within the plaintiffs putni. It is also found that the river has completely changed its course and moved many miles away from the kopras, which are now surrounded by culturable lands. The defendants, however, claim a right to the kopras on the ground that they are connected with the river at certain seasons of the year. But the learned Subordinate Judge finds: "It is clearly the flood water of the mighty Pudda which inundated the entire country that gets into them and rehabilitates the connection." Several cases have been cited in argument before us.