Natabar Parue and Others vs Kubir Parue and Others

O''Kinealy and Ameer Ali, JJ.—This is a question on a reference made by the Munsif of Bongong, as to whether Section 9 of the Specific Relief Act applies to a case now before him. The facts as found by him, and on which the reference is based, are as follows:Plaintiffs and defendants had jointly obtained the power to fish on another man''s land, that is to say, they obtained a benefit out of another man''s land; but had no interest in the soil itself. Subsequently one of the defendants bought the Gyanti tenure on which this jalkar lies; and he prevented his co-sharers from fishing at certain period of the year, when the khal became full. The Munsif is of opinion that such a suit does not come within the purview of Section 9, Act I of 1877, and in that opinion we concur. It is clear that the plaintiffs have no right to the land, nor are they in possession of the land; and all that can be said in their favour is that for a certain part of the year they had power or license to fish. A dispute in regard to that does not, in our opinion, amount to a dispossession from any Immovable property, u/s 9 of Act I of 1877.

Let this expression of opinion be communicated to the Munsif of Bongong.