TARAKDAS ACHARJEE CHOUDHURY Vs. SECRETARY OF STATE FOR INDIA IN COUNCIL

JUDGEMENT

(1.) THE dispute in this consolidated appeal relates to the ownership of large tracts of land formed by the recession of the river Padma, which Is the name given to the branch of the Ganges flowing between the Dacca arid the Faridpur districts of Bengal. THE plaintiff-appellants are admittedly co-sharers in estate No.4002 of the Faridpur Collectorate, other-wise known as Taluk Kunwar Bishvanath, which comprises, 'inter alia, three villages, namely, Mauza Harirampur, Mai Parchar and Bhati Bishvanathpur (the villages to be described hereinafter shortly as Mauza Harirampur ). It is common ground that in 1793 the estate was permanently settled with the predecessors-in-title of the appellants, and the question, which their Lordships have to determine, is whether the lands in dispute formed part of Mauza Harirampur at the time of the permanent settlement.

(2.) THE river Ganges, in its course through the district of Dacca and the neigh- bouring districts, frequently changes its channel, and throws up large plots of land which give rise to conflicting claims. In order to provide for the assessment of such lands to land revenue, the Government of Bengal is empowered by Act IX of 1847 to direct the local revenue authorities to make a revenue survey of the alluvial lands, and to determine the revenue which they are liable to pay to Government. If any land is thrown up by a large and navigable river and appears to be the property of Government, the revenue officers are required to take immediate possession of the same on behalf of Government, and to assess and settle it according to the rules in force in that behalf. It is, however, open to the person, who claims to be the proprietor thereof, to establish his right by bringing a suit in a competent Court of law.

(3.) ON the pleadings, was that the lands in suit formed part of the bed of the river at the time of the settlement, but their Lordships, in view particularly of paragraphs 5 and 6 of the respondent's written statement and issues Nos. 5 and 6, agree with the High Court that the appellants, as plaintiffs in a suit for ejectment, have been put to the proof of their title.