SRIMANTA BERA Vs. INDRA NARAYAN PRODHAN

JUDGEMENT

(1.) The order complained of runs thus: Srimanta Bera claims a prescriptive right to pass the water of his tank over the paddy land on the south. He has entirely failed to prove exercise of the right uninterruptedly for twenty years. His claim is, therefore, disallowed."

(2.) The Criminal P. C. provides that, in passing this class of order (section 147), the Court should adopt the Form No. 24 in Schedule V of the Code. There is no such order in the present case, and it is not a little difficult to understand what is the meaning of the order actually passed.

(3.) The petitioner who obtained this Rule contends, through his learned Vakil, that the Magistrate declined jurisdiction, and urges that Section 147 is not confined to cases of easement acquired by uninterrupted enjoyment for twenty years as provided by Section 26 of the Limitation Act. This contention derives support from the proviso to Section 147 which contemplates an exercise of the right, whatever that right may be, within three months from the date of the order. Such a right is certainly of a more elastic description than the right which has to be strictly proved, in terms of Section 26 of the Statute, in a Civil Court.