MEDARAMETLA SESHAREDDY1 Vs. KORRAPATI GOPALA REDDY

JUDGEMENT

(1.) This Second Appeal is referred to a Bench by our learned brother Raghuvir, J., as it involves competing claims of easement of irrigating the agricultural lands between two villages.

(2.) The defendants are appellants in this appeal. The respondents-plaintiffs filed the suit in a representative capacity for a permanent injunction restraining the defendants and their men from causing obstruction to the plaintiffs in exercising their rights to take water from Pilli Vagu shown in the plaint plan to their lands comprised in various survey numbers by means of paccotah or oil engine.

(3.) The averments in the plaint may be stated thus :- The plaintiffs are the owners of survey numbers mentioned in the plaint and those lands abut the natural stream called Pilli vagu which flows in the limits of Bitragunta, coming from westwards and flowing eastwards and northwards and the plaintiffs are the riparian owners and are taking water to irrigate their lands as a supplemental source to their lands though their lands are registered under the ayacuts of Toorpu cheruvu and Padamata cheruvu. The defendants are powerful and rich cultivators and are trying to object and obstruct the plaintiffs to take water from Pilli vagu and the defendants have no such right and if the obstruction is allowed to continue the plaintiffs will suffer irreparable loss and injury and hence the suit.