TARA PRASONNO MUKHERJEE Vs. ASUTOSH CHOWDHURY

JUDGEMENT

(1.) There is a Bil called Karmun Bil extending over an area of about two hundred bighas, the greater portion of which lies within the plaintiff's mouzahs Eshebpur and Barapara. The present suit is for recovery of possession of fishery rights over this Bil.

(2.) The defendants chief contentions are that the claim is time-barred and that the Bil in question belongs to the defendants mouzah Haldipara.

(3.) Both the Courts below have dismissed the plaintiff's suit and the plaintiff appealed to this Court. The points taken on his behalf at the hearing of the appeal are: (1) That the Court of appeal below ought to have held that the kanungoe papers Exhibits A and A2 were not admissible in evidence in the absence of any evidence to show that the estate to which they referred was held khas or was under attachment at the time when they were prepared. (2) That the lower appellate Court has not found that the Bil mentioned in the kanungoe papers is the Bil in dispute. (3) That the alleged possession by the defendants for more than 30 years subsequent to the creation of the putni does not affect the plaintiff.