NDLI: Raja Braja Sundar Deb Vs. Moni Behara and Others

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Fisheries-Fisherman of particular villages allowed to fish for .several years by zemindar-Acqu1stion of right to fish-Presump .tion of lost grant-Prescription-Adverse possession-Proceedings .under s. 145 Cr. P. C.
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Code of Criminal Procedure, 1898 (5 of 1898)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Fisheries-Fisherman of particular villages allowed to fish for .several years by zemindar-Acqu1stion of right to fish-Presumption of lost grant-Prescription-Adverse possession-Proceedings .under s. 145, Cr. P. C., effect of. A right exercisable by the inhabitants of a village from time to time is neither attached to any estate in land nor is it such a right as is capable of being made the subject of a grant, ' there being no ascretainable grantees.The doctrine of lost grant originated as a technical device to enable title to be made by prescription despite the impossibility -of proving immemorial user and since it originated in grant, .its -owners, whether original or by devolution, had to be such persons as were capable of being the recipients of a grant.Where all that appeared from the evidence was that the fishermen who were residents of certain villages had been . for a long time exercising the right of fishing in certain rivers which flowed through a zemindari with the consent of some of the zamindars : Held, that the fishermen residing in these villages cannot be treated as a corporate body or a kind of unit in whose favour a lost grant could be presumed or who could acquire a :right to fish either by adverse possession or by prescription.Where, however, there were proceedings under section 145 of the Criminal Procedure Code between the zamindars and certain :fishermen and the Magistrate found that the fishermen were in possession of the disputed fishery and he directed the issue of an order declaring their possession until evicted therefrom in due course of law and forbidding all disturbance of such possession until such eviction, and no steps were taken by the zamindars to set aside the order of the Magistrate within three years as required by article 47 of the Limitation Act : Held, that so far as the fishermen who were parties to the proceedings under section} 45, the order of the Magistrate had become final and they were entitled to remain in possession of the fishery. An exclusive right of fishing in a given place means that no other person has a co-extensive right with the claimant of the right The mere fact that some other person has a right to a particular class of fish in the fishery or that another person is entitled to fish at a certain, time of the year docs not destroy the right of exclusive fishing in any manner.
Judge	Honble Mr. Justice Mehr Chand Mahajan
Neutral Citation	1951 INSC 22
Petitioner	Raja Braja Sundar Deb
Respondent	Moni Behara And Others
SCR	[1951] 1 S.C.R. 431
Judgement Date	1951-03-27
Case Number	42

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Raja Braja Sundar Deb Vs. Moni Behara and Others

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Raja Braja Sundar Deb Vs. Moni Behara and Others

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