STATE OF ANDHRA PRADESH Vs. AYYAGARI SURYANARAYANA

JUDGEMENT

(1.) This second Appeal is directed against the decision of the learnel Sibordinate Judge, Amalapuram in A. S. No 4/53 on his file. It aris s out of a suit instituted for recovery of Rs. 69. 40 being the amount of water rate with interest which was illegally collected from the plaintiff by the defendant-Government. The plaintiff's case is that he is the owner of Tnam coconut garte in survey Nos. 4/1 12/1 and 12 2 in Gannepalli village, masuring A. 2.42 Ac. 1.10 ind Ac. 1.85 cents respectively abutting the stream called Chandra Bhaga, which would have fresh water in the flood season an I subsequently till February. As a riparian owner, he was entitled to draw water from it free of charge. But the Revenue Inspector, through the village officer, collected from him Rs 40/- on 24-8-58 and Rs. 28-74 p on 4-10-58. Since the collections are illegal, he laid the suit for the recovery of the same with inter- rest at 5 percent per annum.

(2.) The defendant resisted the suit on several grounds. The learned District Munsif framed appropriate issues and found that the plaintiff was a riparian owner entitled to draw water from the stream but that he could not recover the sum of Rs. 40/- paid on 24-8-58 as it was beyond three years prior to suit. Accordingly he granted a decree only for Rs. 28. 74 p paid on 4-10-58 with interest. Aggrieved by this decision the Government carried the matter in Appeal to the Subordinate Judge, Amalapuram, which was dismissed. Against that judgment and decree the present Second appeal is filed.

(3.) The two points urged on behalf of the Government are, firstly that even as a ripari an owner the plaintiff is not entitled to exemption from payment of water cess. Secondly that the period of limitation for recovery of the suit amount is six months but not three years, and hence there could no; be a decree even in respect of Rs. 29,74p.