BALSU RAMALAKSMAMMA Vs. COLLECTOR OF GODAVERI DISTRICT

JUDGEMENT

(1.) THE plaintiff in this case, who is now the appellant, brought the present suit for the purpose of establishing, as against the Collector who represents the Government, her title to a formation of land in the river Godaveri. The formation is called a lanka, which term, as their Lordships understand, not only includes islands more generally known as churs, but also accretions to the banks of rivers. The lanka in dispute is one formed in contact with an island called the Tatapudi lanka.

(2.) THE plaintiff and the Government are neighbouring owners of land. Each possesses a village and lands on both banks of the Godaveri, the Government village Tatapudi being higher up stream than the plaintiff's village, which is called Kapileswarapuram. The river is very broad-said to be in some places hard by four miles broad. At this spot their Lordships gather, from some measurements made in 1866, that it was then not less than two miles broad. It is above the flow of the tide, but is used for navigation, whether at all times or only when the waters are high does not appear.

(3.) ISSUES were framed, of which the important ones are as follows: