PAPALA NARAYANSAWMI NAIDU Vs. PENSALANI KANNIAPPA NAIDU

JUDGEMENT

(1.) In this case, the plaintiff, as owner of Shrotriem village of Kilianur, asked for a declaration that a portion of the bed of the Kusasthalai River belonged to him and for an injunction restraining the defendants from interfering with his enjoyment thereof. The defendants Nos. 1 to 14 are the ryo s of the neighbouring village of Patraipur-rambadur; the 15th defendant is the Secretary of State for India.

(2.) The District Munsif dismissed the suit. On appeal the District Judge gave a decree for the plaintiff. The defendants appeal against the decree. We think the appeal must be allowed on the ground that the plaintiff is not the owner of the portion of the river bed claimed by him. In this Presidency, the beds of river are ordinarily vested in Government, as pointed out by Sundara Aiyar, J., in the recent case of Chockalingam Pillai v. Emperor (1912) 1 M.W.N. 119 : 11 M.L.T. 162 : 13 Ind. Cas. 819 : 13 Cr. L.J. 131. See also Section 2 of Act III of 1905 and Kundukuri Mahalakshmama Garu v. The Secretary of State for India 34 M. 295 at p. 303 : 1 M.W.N. 595 : 8 M.L.T. 389 : 20 M.L.J. 823 : 8 Ind. Cas. 67.

(3.) It is, therefore, necessary for the plaintiff to show that the portion of the river-bed in dispute belongs to him. The plaintiff s title rests on the grant Exhibit F., made to his predecessor-in title in 1802 and on the Inam title-deed Exhibit H. issued in 1879.