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Natabar Parue and ors. Vs. Kubir Parue and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Judge
Reported in(1891)ILR18Cal80
AppellantNatabar Parue and ors.
RespondentKubir Parue and ors.
Excerpt:
specific relief act (i of 1877), section 9 - right of fishery--suit for possession of right to fish in a khal. - .....on which the reference is based, are as follows:plaintiffs and defendants had jointly obtained the power to fish on another man's land, that is to say, they obtained a benefit out of another man's land; but had no interest in the soil itself. subsequently one of the defendants bought the gyanti tenure on which this jalkar lies; and he prevented his co-sharers from fishing at certain period of the year, when the khal became full. the munsif is of opinion that such a suit does not come within the purview of section 9, act i of 1877, and in that opinion we concur. it is clear that the plaintiffs have no right to the land, nor are they in possession of the land; and all that can be said in their favour is that for a certain part of the year they had power or license to fish. a dispute in.....
Judgment:

O'Kinealy and Ameer Ali, JJ.

1. This is a question on a reference made by the Munsif of Bongong, as to whether Section 9 of the Specific Relief Act applies to a case now before him. The facts as found by him, and on which the reference is based, are as follows:Plaintiffs and defendants had jointly obtained the power to fish on another man's land, that is to say, they obtained a benefit out of another man's land; but had no interest in the soil itself. Subsequently one of the defendants bought the Gyanti tenure on which this jalkar lies; and he prevented his co-sharers from fishing at certain period of the year, when the khal became full. The Munsif is of opinion that such a suit does not come within the purview of Section 9, Act I of 1877, and in that opinion we concur. It is clear that the plaintiffs have no right to the land, nor are they in possession of the land; and all that can be said in their favour is that for a certain part of the year they had power or license to fish. A dispute in regard to that does not, in our opinion, amount to a dispossession from any immoveable property, under Section 9 of Act I of 1877.

2. Let this expression of opinion be communicated to the Munsif of Bongong.


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