SECRETARY OF STATE FOR INDIA IN COUNCIL, REPRESENTED BY THE COLLECTOR OF CHINGLEPUT DISTRICT Vs. MESRIRANGACHARIAR

JUDGEMENT

(1.) This is an appeal by the Secretary of State against the decision of the Subordinate Judge of Chingleput granting the Mirasidars of the village of Damal certain preferential rights in regard to the water supply of their lands. The suit of the Mirasidars was based on the allegation that, as Mirasidars, they were entitled to certain immemorial rights. In this Court the claim was limited to easement rights arising from long use of the water of the channel and of the tank.

(2.) There are two sources of irrigation for the village. One is a Kasam or spring channel taking its source in the North Arcot District and irrigating solely the fields in Damal. In regard to this channel it was admitted by the learned Government Pleader that the Mirasidars of the village have all along been maintaining it in proper condition. The other source of irrigation is the tank. The Kasam or the channel passes along the northern bund of this tank. During the flood season when the tank is full the channel does not appear as a separate source of irrigation. But during the major portion of the year it is distinct from the tank and irrigates certain lands exclusively. When the tank is full no question of preferential right can arise. It is only when water goes below a particular level that difficulties are felt about the water supply. It was conceded that when there is the normal rainfall no difficulty is felt throughout the year in irrigating all the fields properly. But during the years when the rainfall is below the average, which happens only once in ten years or more, the question arises as to which of the fields in the village should have a priority of water supply.

(3.) It is common ground that originally the village had only 520 acres of cultivable land, which were divided into about 163 shares among the Mirasidars of the village. In addition to these lands the Mirasidars had also some Samudayam lands, the income of which was shared by them in proportion to their holding. There was a long tract of unassigned waste in the beginning. These lands were subsequently assigned by Government on Darkbast. These have been technically known as Kaipalh lands as opposed to the Pangu lands, which term denoted the 520 acres already referred to. At first the Mirasidars had practically all the waste lands assigned to them. We find in the year 1860 the total average of these lands was about 730 acres. Since then further assignments have been made and the present Ayacut of the village is nearly 2,500 acres. In these circumstances it seems to us that the presumption is the owners of the lands which were originally wet acquired a preferential right to water supply over lands which were subsequently brought under cultivation.