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Ram Gopal Bysack and ors. Vs. NurumuddIn Alias Noor Mahamed Mundul - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtKolkata
Decided On
Judge
Reported in(1893)ILR20Cal446
AppellantRam Gopal Bysack and ors.
RespondentNurumuddIn Alias Noor Mahamed Mundul
Cases ReferredBadu Jhala v. Gour Mohun Jhala I.L.R.
Excerpt:
fishery, right of - jalkar--immoveable property--general clauses consolidation act (i of 1868), section 3--transfer of property act (iv of 1882), section 106. - .....the only question argued in this second appeal by the learned pleader for the appellant is that the lower appellate court has erroneously held that the jalkar right in dispute between the parties in this suit was immoveable property within the meaning of section 106 of the transfer of property act.2. we think that the decision is a correct one. we are of opinion that this jalkar right is immoveable property within the definition of immoveable property as set out in the general clauses act; that it is a benefit to arise out of land covered by water; and this conclusion we think is justified by the expression of opinion of at least three of the learned judges who were parties to the full bench decision of badu jhala v. gour mohun jhala i.l.r. 19 cal. 544.3. the appeal therefore fails and.....
Judgment:

Norris and Macpherson, JJ.

1. The only question argued in this second appeal by the learned pleader for the appellant is that the Lower Appellate Court has erroneously held that the jalkar right in dispute between the parties in this suit was immoveable property within the meaning of Section 106 of the Transfer of Property Act.

2. We think that the decision is a correct one. We are of opinion that this jalkar right is immoveable property within the definition of immoveable property as set out in the General Clauses Act; that it is a benefit to arise out of land covered by water; and this conclusion we think is justified by the expression of opinion of at least three of the learned Judges who were parties to the Full Bench decision of Badu Jhala v. Gour Mohun Jhala I.L.R. 19 Cal. 544.

3. The appeal therefore fails and must be dismissed with costs.


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