GURUBILLL SREERAMULU Vs. JOGA VERRODU

JUDGEMENT

(1.) This second appeal is directed against the judgment dated 16-3-1989 in A.S. No. 193 of 1984 under which the judgment and decree dated 24-11-1981 in O.S. No. 247 of 1980 on the file of the Principal District Munsif Court, Yellamanchali decreeing the suit of the plaintiff was set aside and the suit was dismissed.

(2.) The parties will be referred to as they were arrayed in the trial Court.

(3.) The plaintiffs (appellants) filed O.S. No. 247 of 1980 for declaration that the defendants have no right to take water to their lands from the well. The plaintiffs have been the owners of a plot of land measuring Ac. 3.70 cents in Survey No. 288 of Rambilli village. During their minority, their maternal uncle as their guardian sold the eastern portion measuring Ac. 2.10 cents out of the said land of Ac. 3.70 cents in favour of Jalli Achanna under a registered sale deed dated 30-4-1943. There is a well in the western portion of Ac. 1.60 cents retained by the plaintiffs which was dug and constructed long back. According to the plaintiffs, they alone have been using the said well for irrigating Ac. 1.60 cents of land. Their plea is that the purchasers of the eastern land Ac. 2.10 cents have no right to use the water and they never enjoyed any such right. It is pleaded by the plaintiffs that taking advantage of the innocence of the plaintiffs, the defendants started claiming right of drawing water from that wall and proclaimed such a right upon which the plaintiffs get issued a registered notice to which the defendants gave a false Reply.