Nityahari Roy vs Dunne - 1891 Supreme(Cal) 42

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1891 Supreme(Cal) 42

O KINEALY, AMEER ALI
Nityahari Roy – Appellant
Versus
Dunne – Respondent

JUDGMENT

O' Kinealy and Ameer Ali, JJ. - This is a suit brought to establish a right to a ferry franchise, called the Permutta-Guzarghat-Aglapur ferry, in the neighbourhood of Manikgunge, and to have it declared that the defendants have no right to ply or run the ferry said to have been carried on in the vicinity of the plaintiffs' ferry.

2. The plaintiffs stated that the Permutta-Guzarghat-Aglapur ferry was settled with their predecessors in title with the settlement of a 6-anna share of pergunnah Khalilabad entered in the Government rent-roll as No. 113; and they asserted that from the time of the Permanent Settlement downwards till about 1286 they had been in undisputed possession of this ferry, They further stated that in the year 1286 the defendants set up a rival ferry, and by degrees succeeded in putting an end to their ferry in 1289. In paragraph 3 of the plaint they said:

The said ferry-ghat had always remained in the ownership and possession of the plaintiffs Nos. 1 to 15, though its landing places had to be changed in consequence of the changes in the course of the river, and of alluvion and diluvion and other causes. At the present day the ferry-boats have to ply sometimes