RAJCOOMAR ROY Vs. GOBIND CHUNDER ROY

JUDGEMENT

(1.) THIS is one of the disputes which give rise to so much litigation, more apparently than is accounted for by the value of the property, about the boundaries of contiguous estates when the land is uncultivated and the action of water is always tending to remove landmarks. The Respondent, Gobind Chunder Roy, is the zemindar of the mouzah Babupore, and is Plaintiff in the suit. The Appellants are talookdars or putnidars of the adjoining mouzah Baraset, and are Defendants in the suit. The controversy is whether two plots of land stated in the plaint to measure 633 bighas belong to Baraset or to Babupore.

(2.) THE plaint was filed on the 9th of April, 1881. It states that the disputed land remained under water for a long time, and that the Plaintiffs predecessors were in possession by receipt of the fishery rent; that a dispute arose between the predecessors of the Plaintiff and those of the Defendants with regard to the thakbust of the lands, and that a mutnaza case, No. 401 of 1857, was instituted before the Survey Deputy Collector, was decided in favour of the Plaintiff's father on the 22nd of May, 1857, and the decision confirmed in appeal.

(3.) THE Plaintiff adds statements to account for the delay in suing, but it is not material to consider them. He prays to recover possession on the Plaintiff's zemindari right, and for mesne profits. A description of the property is added in a schedule, of which the only thing now needful to say is that the larger of the two plots is described as lying south of Betaga shore.