CHITTURI BAPANAMMA Vs. CHITTURI VENKATA KRISHNA RO.

JUDGEMENT

(1.) Tr. A.S Nos, 242/74 and 416/756 arise out of the judgement and decree in O,S, No. 580/66 on the file of the Additional Dist. Munsif Tanuku, while A.S. No. 76/72 arises out of the judgement and decree in O.S No. 6/70 on the file of the Subordinate Judge, Tanuku.

(2.) O.S. No. 580/66 was filed for the declaration of the plaintiff's right to take water through the suit body to irrigate her lands, Rs., Nos. 246/1,246/4, 247/1 and a portion of 247/2 admeasuring Acs. 4.81 cents situated in the village of Mukkamala, Tanuku Taluk and also for mandatory injunction directing 1st defendant to restore the suit body to its original condition since he closed the body beyond 300 links to prevent water from flowing into the plaintiff's lands and also for a sum of Rs.2,000/- towards damages for the loss sustained by her as a result of the closure of the suit body caused by the 1st defendant.

(3.) The learned District Munsiff accepted the plaintiff's case that the 1st defendant closed the suit body beyond 300 links to a distance of 323 links so as to prevent the water from flowing into the plaintiff's lands and granted the declaration of plaintiff's right to take water through the suit body and also granted mandatory injunction directing the 1st defendant to remove the obstruction caused by him to the body and restore it to its original position.