KATARAM PAMPANNA Vs. PORAJENI PEDDANNA & OTHERS

JUDGEMENT

(1.) The sole question for determination in this second appeal is whether in respect of a tank known as "Pothula Thirumalayya Kunta" which is situated in Section No. 476-A within the municipal limits of Guntakal and which admittedly belongs to the appellant, the inhabitants of Guntakal have acquired a customary right to use the Water of the tank for washing and watering their cattle.

(2.) The suit out of which this second appeal arises was brought by the respondents, who were the plaintiffs in the suit, on behalf of themselves and as representatives of the residents of Guntakal, for a declaration that the inhabitants of Guntakal have got a right of user of the tank in question and the water therein, and for a permanent injunction to restrain the appellant, who was the first defendant in the suit, and the other defendants from closing up the tank or removing its bunds and for a mandatory injunction directing them to close up the breaches already made by them in the bunds.

(3.) The case of the plaintiffs is that Section No. 476 is a tank-called "Pothula Thirumalayya Kunta". It has got bunds on three sides to a height of 10 feet, rivetted with stones. From time immemorial the residents of Guntakal have acquired the right to the user of the water in the tank for their cattle and for other needs. Section No. 476-A belongs to the 1st defendant and Section No. 476-B belongs to the Government. Defendants 1 and 2 are attempting to close up the tank and are removing the bunds in order to convert it into a site fit for building houses. As the inhabitants of Guntakal have acquired a right to use of the tank, the defendants have no right to close it up.