Sir Shadi Lal:-

The dispute in this consolidated appeal relates to the ownership of large tracts of land formed by the recession of the river Padma, which is the name given to the branch of the Ganges flowing between the Dacca and the Faridpur districts of Bengal. The plaintiff-appellants are admittedly co-sharers in estate No. 4002 of the Faridpur Collectorate, otherwise known as Taluk Kunwar Bishvanath, which comprises, inter alia, three villages, namely Mouza Harirampur, Mai Parchar and Bhati Bishvanathpur (the villages to be described hereinafter shortly as Mouza Harirampur). It is common ground that in 1793 the estate was permanently settled with the predecessors in title of the appellants, and the question, which their Lordships have to determine, is whether the lands in dispute formed part of Mouza Harirampur at the time of the permanent settlement. The river Ganges, in its course through the district of Dacca and the neighbouring districts, frequently changes its channel, throws up large plots of land which give rise to conflicting claims. In order to provide for the assessment of such lands to land revenue, the Government of Bengal is empowered by Act 9 of 1847 to direct th