Supreme Court · 1951 INSC 22 · Decided 27 March 1951

Raja Braja Sundar Deb v. Moni Behara and Others

Court
Supreme Court of India
Citation
1951 INSC 22 · [1951] 1 S.C.R. 431
Case number
CIVIL APPEAL No. 42/1948
Decided
27 March 1951
Bench
MEHR CHAND MAHAJAN, BIJAN KUMAR MUKHERJEA, N. CHANDRASEKHARA AIYAR (3-judge bench)
Outcome
Case Partly allowed
Case type
Civil
Acts & sections cited
CrPC Section 145; Limitation Act Section 47

Headnote

SUPREME COURT REPORTS RAJA BRAJA SUNDAR DEB ti. MONI BEHARA AND OTHERS [MEHAR CHAND MAHAJAN, MuKHERJEA and CHANDRASEKHARA AIYAR JJ.] 431 Fisheries-Fisherm;n of particular villages allowed to fish for .several years by zemindar-Acqu1stion of right to fish-Presump­ Jion of lost nor is it such a right as is capable of being made the subject of a grant, ' there being no ascretainable g(ant~es. The doctrine of lost grant originated as a technical device to enable title to be made hy prescription despite the impossibility -of proving immemorial user and since it originated

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