Judgment

Mahajan J. - The dispute in this appeal is between the fishermen residing nine villages at Killa Marichpur, a permanently settled zamindari in the Puri Collectorate (Orissa State) and the Raja of Au1, the owner of seven annas, seven pies, and ten karants share in the zamindari. The other sharers in the zamindari are defendants 19 to 29. Within the ambit of the estate flows Davi Nadi," with its several branches and tributaries. Three fisheries " Madhurdia, " " Marichpurdia " and " Maladia " appertain to this estate. The controversy in this appeal concerns the fishery known as the " Madhurdia " fishery.

2. In the year 1936, three suits Nos. 62, 63 and 64, were brought by the Raja of Aul against defendants 1 to 18 on behalf of themselves and other fishermen residing in the nine villages at Killa Marichpur for a declaration in respect of his rights in the three above mentioned fisheries. All these suits were decided in his favour by the trial Court. The defendants preferred no appeal in Suits 63 and 64, with the result that the controversy regarding the two fisheries involved in these two suits stands concluded by the decision of the trial Court. In Suit No. 62 of 1936, howeve