KAYASTH PATSHALA Vs. SAHTU

JUDGEMENT

(1.) This and the connected appeals, 1944 to 1947, arise out of very similar facts and will be disposed of by the same judgment. The plaintiff-appellant is the same in each case and the respondents represent five groups of fishermen each group owning a boat used for the purpose of fishing.

(2.) The plaintiff's case, as stated in the plaint, was that in the village of Sadiapur in the district of Allahabad the defendants who were fishermen by caste and profession carried on the profession of plying boats, catching fish and selling them. In para. 3 the plaintiff puts his case as follows: The defendants live in the said village. They ply boats and catch fish in the Jamna and land the fish and sell it at the ghats in the said village.

(3.) Then the plaintiff says that according to the village custom and conditions laid down in the wajib-ul-arz, all the fishermen in the village deliver 1 seers of Rohu fish per boat per day to the zamindars as rent. The plaintiff then says that the village is divided into two mahals and that he is the owner of the 10 annas mahal. The plaintiff accordingly calculates the value of arrears of rent and claims different amounts against different sets.