SHAMA RAO HANUMANTHARAO Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is by 17 plaintiffs, out of the original 67 plaintiffs and is directed against the judgment and decree dated 1-10-1973 of the Civil Judge, Haveri in R.A. No. 72 of 1971 affirming the judgment and decree dated 14-8-1968 of the Munslff Haveri in L.C. Suit No. 12 of 1967.

(2.) At Bommanahalli village of Hanagal Taluk, Dharwar Dt. there is a Government irrigation tank bearing R. S. No. 176. In the earlier revenue records, the tank had been given R. S. No. 97 of Needasangi village, which is now a beeharak' or an abandoned village. Ever since the said tank was constructed or at any rate till about 1966 or so, there were two sluices or out-lets regulating the supply of water to the command area or 'acha- kat' of the said tank. On an examination of the requirements of the land holders of the command area, in March, 1966, according to defendant No. 1, but some time in March, 1967 according to the R. 23 plaintiffs, defendant No. 1 has constructed one more sluice or out-let to the said tank.

(3.) Before the new sluice could be opened, as many as 67 persons, claiming themselves to be the owners or tenants of the lands situated in the command area of the tank, instituted L.C. suit No. 12 of 1967 on 19-1-1967 in the Court of the Munsiff, Haveri against the State of Karnataka arrayed as defendant No. 1 and four other persons for a declaration