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Judgment
Norris and Macpherson, JJ.—The only question argued in this second appeal by the learned pleader for the appellant is that the Lower Appellate Court has erroneously held that the jalkar right in dispute between the parties in this suit was Immovable property within the meaning of Section 106 of the Transfer of Property Act.
We think that the decision is a correct one. We are of opinion that this jalkar right is Immovable property within the definition of Immovable property as set out in the General Clauses Act; that it is a benefit to arise out of land covered by water; and this conclusion we think is justified by the expression of opinion of at least three of the learned Judges who were parties to the Full Bench decision of Badu Jhala v. Gour Mohun Jhala ILR 19 Cal. 544.
The appeal therefore fails and must be dismissed with costs.