M RAGHAVA RAO Vs. N RADHA KRISHNA MURTHY

JUDGEMENT

(1.) Plaintiffs are the appellants. The four plaintiffs filed the suit representing themselves and also representing the entire Harijans of Kalasamalapalli.

(2.) They filed the suit for a declaration that the villagers of Kalasamalapallihave got customary right of user in respect of the tank called Gottipativari Cheruvu situate at one furlong from Kalasamalapalli. The tank is an extent of 4 acres 93 cents and the plaintiffs' case is that they have been using the said tank for washing purposes and for feeding their cattle by drinking water in the tank during summer season and neither the Government nor the Panchayat can deprive them of their right and the defendants have no manner of right, title or interest. They also sought for a permanent injunction restraining the defendants from interfering with the enjoyment of the suit tank.

(3.) The defendants resisted the suit contending that the allegationthat the plaintiffs' have been using the tank for washing clothes and for feeding their cattle is incorrect, that the suit property is not a tank, that the needs of the residents of Kalasamalapalli are served by another channel known as Karuvu Kaluva, that the tank has become defunct and ceased to be a tank, that the Revenue Authorities issued a patta to the 1st defendant in respect of 2 acres 43 cents and to the 2nd defendant for 2 acres 50 cents in 1975, that the 1st defendant is working in the Army and the 2nd defendant is working in the Indian Air Force and when the plaintiffs sought to repair the bunds the Defendants obstructed them without any right, title or interest.