This second appeal has been filed by the State of U. P. against a decree passed against them by the courts below. That decree is for a declaration that the plaintiffs are entitled to catch fish in Plot No. 968 area 314. 24 acres which corresponds to Plot No. 1788 of First Settlement. It further restrains the defendants from interfering with the plaintiffs right to catch fish.

2. The plaintiffs predecessors Debi Bux Singh and others were formerly proprietors of village Kondar Pargana Mahadewa Tahsil Tarabganj, District Gonda where this pond is situate and is popularly called as Jheel Kondar. They however transferred their proprietary rights in this village to Raja Kishun Dutt Ram. But during the First Settlement Debi Bux Singh and others still claimed some under-proprietary rights with land as well as in the Jheel in question of which the total area at that time was 467 acres bearing number 1788, and also the groves, the banjar land and Abadi where their own houses and the houses of their servants were situate. The settlement Commissioner under his decree dated November 2, 1874 held that Debi Bux Singh and others (the descendants of the transferors existing at that time) had under-

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