- (1.) THIS second appeal has been filed against the judgment and decree dated 18.2.2005/5.3.2005, passed by learned Additional District Judge, Fast Track Court No. 4, Deoghar in Title Appeal No. 5 of 1993/ 137 of 1997 setting aside the judgment and decree dated 21.6.2003/3.7.2003 , passed by Sub Judge -VIIth, Deoghar in Title Suit No. 137 of 1997.
(2.) MR . J.P. Jha, learned senior counsel appearing for the appellants, assailed the judgment of learned lower appellate court on various grounds. This suit was filed by the plaintiffs -respondents for the following reliefs: - (i) To declare that the settlement of plot no. 48 Bandh of mouza Gurubad no. 541 in favour of Chigu Rawani creating his fishery right at annual rate of Rs.2/ -is against the provision of law and record of right and is illegal, invalid void, abinitio and without jurisdiction and against the natural justice. (ii) The further relief sought is for the declaration that the public character of Bandh plot no. 48 of mouza Gurubad no. 541 cannot be changed or altered. (iii) It is also sought for declaration that the entire village raiyat including the plaintiffs are also entitled in repair, irrigation and fishery right over the bandh of plot no. 48. (iv) For declaration that the entry regarding the fishery right of Chigu Rawani be corrected accordingly and the plaintiffs have also sought relief for the cost of the suit.
(3.) THE trial court, inter alia, held as follows. The fishery right of Chigu Rawani cannot be declared illegal. The court has got no .jurisdiction to deal with the settlement operation. The suit for reopening the settlement operation/cancellation of fishery right of Chigu Rawani, having been filed after about 60 years, was barred by limitation. Musafir Rawani and Hemant Marandi ( uncle of the plaintiffs) had contested the claim of Chigu Rawani in Settlement Objection Case No. 714/1931 and therefore the plaintiffs are bound to accept the state of affairs stated by them and this operates as estoppel, waiver and acquiescence on the part of the plaintiffs.;