MANDALA GANGUNAIDU Vs. PALAVALASA GOPINAIDU

JUDGEMENT

(1.) The plaintiffs in O.S.No.42 of 1988, in the Court of Principal District Munsif, Parvatipuram, filed this Second Appeal, against the judgment rendered by the Court of Subordinate Judge, Parvatipuram, in A.S.No.22 of 1993, reversing the one, rendered by the trial court.

(2.) The plaintiffs are the ayacutdars of an extent of Ac.17-00 of wet land of Chinamerangi village of Vizianagaram District. A minor irrigation tank, by name Sivvalavani Inam tank, used to be the source of irrigation. Respondents 1 to 8 are the ayacutdars of the land under another tank in the neighbourhood, by name Jagannadha Sagar. The appellants filed the suit for the relief of perpetual injunction against the respondents 1 to 8, from using the water from Sivvalavani tank, for irrigating their lands. It was pleaded that though the respondents do not have any land in the recognized ayacut of the said tank, they were forcibly and unlawfully drawing the water from it. The 9th respondent herein i.e. the State of A.P., represented by the Collector, was also impleaded as defendant No.10 in the suit.

(3.) Respondents 1 to 8 filed the written statement, stating inter alia that the ayacut under the two tanks referred to above, and vast extents of other lands, became the command area of a medium irrigation project, by name Vattigedda Reservoir Project Scheme (Project), and in that view of the matter, the appellants cannot treat Sivvalavani tank, as a source of irrigation, exclusively for their lands. Almost on the same lines, the 9th respondent herein filed a written statement. A plea of non-compliance with Section 80 C.P.C. was also raised.