Judgement

Appeal (No. 28 of 1922) from a decree of the High Court (March 15, 1920) affirming a decree of the Subordinate Judge of Backergunj.

The suit was brought by the present respondents against the Government for a declaration that certain alluvial lands were within the ambit of mahal Debnathpur, of which they held a settlement from Government and for the cancellation of orders of the Collector, affirmed by the Board of Revenue, assessing certain revenue thereon, under Act IX. of 1847.

The facts appear from the judgment of the Judicial Committee.

The Subordinate Judge made a decree in the plaintiffs favour.

An appeal to the High Court by the present appellant was dismissed. The learned judges (Fletcher and Ghose JJ.) were of opinion that Act IX. of 1847 did not apply owing to the fact that the lands were in the Sundarbans and the nature of the lease held by the respondents. Further, they agreed with the trial judge in holding, though on slightly different grounds, that it was not established that the lands were not included in the respondents mahal.

1924. Feb. 19, 21, 22, 25. Dunne K.C. and Kenworthy Brown for the appellant. Act IX. of 1847 was applicable. The view of the High