Judgement

Consolidated Appeals from a judgment and two decrees of the High Court (September 30, 1909) reversing two decisions of the District Judge of Godaveri.

In 1901 the Governor of Madras in Council by notification under s. 4 of the Madras Forest Act (Madras Act V. of 1882) constituted certain lands a reserved forest; by a proclamation and notices under s. 7 persons claiming any rights in the lands were required to state the nature of the right claimed and to produce all documents in support thereof to the forest settlement officer.

The zamindar of Mallavaram, represented by the respondents in the first appeal, claimed to be owner of three parcels of land included in the notified area, and the zamindar of Navadapalli, represented by the respondents in the second appeal, claimed as owner four other parcels. The forest settlement officer on October 19, 1903, rejected both claims, and his decisions were affirmed by the District Judge upon appeals under s. 10 (ii.) of the Act.

The facts held to be established by both the forest settlement officer and the District Judge were as follows The lands were islands formed on the bed of the sea at the mouth of the river Godaveri (a tidal ri