Mathura Nath Chattopadhaya vs Sib Chandra Bose

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1907 Supreme(Cal) 220

Mathura Nath Chattopadhaya – Appellant
Versus
Sib Chandra Bose – Respondent

JUDGMENT

1. The Plaintiff-Respondent as part proprietor in two zamindaries, Pergunnah Mahabatpur Bander Khala Mouzah Mohal Chur Haya Hissa 8 annas Mudafat Bhowani Churn Rai, bearing Touzi No. 21 of the Dacca Collectorate and No. 5577 of the Faridpur Collectorate, and Pergunnah Mahabatpur Bhander Khala Mouzah Mohal Chur Haya Hissa 8 annas Mudafat Raj Kumar Rai, bearing Touzi No. 17 of the Dacca Colleotorate and 5574 of the Faridpur Collectorate, brought this suit to recover possession of a jalkar or right of fishery in a stretch of river which appears to be about 15 or 16 miles in length and which he described as jalkar Nari Kora Nadi otherwise known as Sore Nadi Nari Kora--alleging that it appertained to his zamindaries Nos. 17 and 21, that he and his co-sharers had all along been in possession of it till the 30th December 1899, when they were dispossesses by an order of the Criminal Court under sec. 145, Cr. P. C., declaring the principal Defendants to be in possession and confirming them in possession. The other shares in the jalkar were alleged to belong to the p(sic)o forma Defendants as part proprietors with the Plaintiff in the two zamindaries. The principal Defendants denied