LAWS(APH)-1960-7-39

MUNGARA VENKATARAMANIAH Vs. VUDATA SUBBRAMAYYA

Decided On July 07, 1960
MUNGARA VENKATARAMANIAH Appellant
V/S
VUDATA SUBBRAMAYYA Respondents

JUDGEMENT

(1.) This appeal under Clause 15 of the Letters Patent is filed against the judgment of our learned brothel Seshachalapati J., in S. A. No. 914 of 1955.

(2.) The point that falls for decision in this appeal is whether the plaintiffs in O. S. No. 479 of 1951 (District Munsifs Court, Nellore) are entitled to irrigate their lands by getting water from the lands belonging to the defendants. The plaintiffs are the owners of a land S. No. 108/B in the village, Komariva, Nellore, District. The defendants are the owners of the adjoining laud bearing S. No. 109/-A, having purchased it just before the suit.The plaintiffs filed the suit which has given rise to this appeal, in the District Munsifs Court, Nellore, for declaration of their right to have their lands irrigated through S. No. 109/A, averring thai for several generations past their lands, which were lower in level than the lands of the defendants, were being irrigated by the flow of water from the defendants lands. The action was founded upon immemorial right, custom and prescriptive title as a right of easement and under a lost grant.

(3.) The suit was contested on the plea that there was neither prescriptive title as a right of easement nor a lost giant, that the plaintiffs had a separate source of irrigation and that if the water were allowed to flow to the plaintiffs land through the defendants land, the latter would suffer great injury as there would be a diminution of the supply of water for their cultivation and also the washing away of the manure of the lands of the defendants,