SRI SRI SRI GAJAPATHI KRISHNA CHANDRA DEO GARU, ZAMINDAR OFNANDIGAM ESTATE Vs. HIS HIGHNESS SRI MIRJA RAJAH SRI PUSHPATI ALAKH NARAYANA GAJAPATHI RAJU MAHARAJA MANYA SULTAN BAHADUR VARU, RAJAH OF VIZIANAGRAM

JUDGEMENT

(1.) Second defendant is the appellant. This appeal arises out of a suit filed by the plaintiff who is the Rajah of Vizianagram against the 1 defendant who is the Zamindar of Pata Tekkali and the 2nd defendant who is the Zamindar of Nandigam for an injunction restraining the defendants or either of them from restoring and improving the irrigation tank called the Padmanabha Sagaram or to construct new weirs at any portion of it so as to affect the rights of the plaintiff in the lands situate in Mallividu and Kallada villages, to direct them to remove the newly placed bund of Padmanabha Sagaram tank at the places where it was breached in 1878 and to remove the newly constructed surplus weir, or in the alternative for damages, which the plaintiff estimates at Rs. 1,000 per annum.

(2.) The facts leading to this appeal are as follows:--The estates of Tekkali and Nandigam formerly formed one estate known as the Tekkali Estate. The Padmanabha Sagaram tank was constructed about the year 1813 or so by a former proprietor of the estate in order to irrigate certain villages. The estate was partitioned in 1864 and became two estates, one known as Pata Tekkali which is now owned by the 1 defendant and the other known as Nandigam which now belongs to the 2nd defendant. In the year 1878 owing to abnormal rains the bund breached considerably and it was not capable of storing as much water as it used to do. The proprietor of the Nandigam Estate at that time got into debt and financial difficulties and the estate was subsequently taken over by the Court of Wards and managed. After the estate was restored to the heirs of that Zamindar the lank repairs began in 1910 and were completed in about 1913. In 1920 the plaintiff complained that the effect of the repairs was to flood a portion of his lands in the village of Mallividu and this suit was filed in 1923 for the reliefs above stated.

(3.) When the Nandigam Estate was managed by the Court of Wards, they resolved to sell some villages in the estate in order to discharge the debts incurred by the Zamindar and put up for sale five villages. These villages were purchased in auction by the Rajah of Vizianagram on the 12 of June, 1899. Two of the villages with which we are concerned were Kallada and Mallividu.