In the year 1954, the present plaintiffs companymenced a suit being Civil Suit No.10A/54 praying for an injunction to restrain the defendants being the Appellants herein from catching fish in the said tanks and also for damages.
Leave under Order 1 Rule 8 Civil Procedure Code was obtained and the suit thereafter was proceeded with and companytested in a representative capacity the plaintiffs being the Barais and the defendants, the Dhimars or fishermen of Ramtek.
In some cases, however, as provided under the Act certain rights were companyferred upon the Malguzars and it is number in dispute that so far as the present tanks and lands are companycerned, the tanks were treated as of the ownership of Barais.
The present suit is a sequel to the suit which was withdrawn and was filed on 9.8.1963.
On the factual score it further appears that in the year 1951, the Madhya Pradesh Abolition of Proprietary Rights Act came into force and the rights of Malguzars proprietors in these lands were extinguished.
being the appellants herein.
