Judgement

Appeal (A cross-appeal, consolidated with the appeal, was not proceeded with.) (No. 46 of 1930) from a decree of the High Court (July 30, 1926) modifying a decree of the Subordinate Judge of Midnapore (September 28, 1921).

In 1919 the respondent instituted a suit against the appellant claiming by his plaint a declaration of his title to the bed of the river Cossye (also known as the river Kangsabati) between certain points but excluding indicated parts, the whole extending to about twelve miles in length. He also claimed a declaration of his right of fishery therein. His case was that his zamindari included the above portion of the river, which he alleged was not large or navigable. Alternatively, he claimed title by adverse possession for upwards of 60 years. The appellant by his written statement pleaded that the river was a large and navigable river and had not been included in the respondents estate at the settlement; he denied that any title had been acquired by adverse possession.

Both Courts in India found that the river was a large and navigable river.

The trial judge held that a portion of the river bed was part of the plaintiffs zamindari, but that the rest of h