(1.) THE present suit relates to a triangular piece of land forming the southern portion of the mauza Bhairabpara, a small permanently settled estate consisting of a long narrow strip of land, liable to diluvion by the river Padma on the north and by the river Gorai on the south. At times the whole mauza has been completely submerged, and when above water would appear to have been the subject of incessant litigation.
(2.) ABOUT the year 1882 it was totally submerged, and when it reformed and became fit for cultivation, the Tagores, who are the owners of an adjoining estate, entered upon it. Thereupon the present defendants, the Natores, who own another adjoining estate, instituted a suit, No. 127 of 1897, in the Court of the Subordinate Judge of Nadia against the Tagores, claiming that the lands on which the Tagores had entered belonged to their own mauza of Keshapore or Bhairabpara. For the purposes of that suit a map was prepared by a commissicner, Mr. J. N. Roy, which showed that in 1898, at the date of the report, the river Gorai had moved northward and then ran through the mauza of Bhyirabpara, thus separating the southern portion, which is the subject of the present suit, from the rest of the mauza.
(3.) ON appeal the District Judge, whose decree was affirmed by the High Court on second appeal, held that the defendant Tagores had no title, that the plaintiffs had shown that Bhairabpara was identified with their mauza of Keshapore, and, even if it were not, they had acquired a title by adverse possession through their jotedars or tenants. He accordingly gave the plaintiffs a decree for possession and mesne profits.