Ananda Behera v. State of Orissa

Facts

• The State of Orissa granted exclusive fishing rights in Chilka Lake to certain lessees
• Ananda Behera challenged the grant, claiming the right to fish was merely a licence and did not create an interest in immovable property
• The question was whether the fishing right was immovable property requiring a registered instrument for transfer

Issue

1. Whether a right to catch and carry away fish from a lake constitutes an interest in immovable property or merely a personal licence.

Held

• The right to catch fish in a lake is a profit-a-prendre (a right to take part of the soil or produce of another's land). Such a right is a benefit arising out of land and constitutes an interest in immovable property. Its grant or transfer must be by registered instrument.

Ratio Decidendi

A profit-a-prendre is an interest in immovable property because it is a right annexed to and arising from the land (the lake bed). The right to take fish is analogous to the right to take minerals or timber from land. Such rights, being interests in immovable property, require registration for their creation and transfer.