Judgment

SUBBA RAO, J. : This appeal by special leave is directed against the judgment and decree of the High Court of Bombay confirming those of the Civil Judge, Senior Division, Ahemdnagar, in Special Civil Suit No. 6 of 1953 filed by the appellant against the State of Bombay for a declaration of his right to water from a particular source, and for consequential reliefs.

2. The appellant is the owner of Shankar Tukaram Karale Rampur Farm, situated at the tail-outlet of the Godavari Right Bank Canal Distributary No. 17. The lands comprised in the said Farm originally belonged to Shankar Tukaram Karale, hereinafter called Karale. In the year 1935 the said Karale had a farm for raising sugar-cane consisting of 35 acres owned by him and about 65 acres of land taken on lease by him in Ahemdnagar District. He obtained sanction to irrigate his lands on the outlet No- 17 of the Godavari Right Bank Canal. In or about the same year the Government of Bombay proposed to reserve certain area along the said Distributary Canal as "factory area". After some correspondence between the said Karale and the Government of Bombay, it was the appellant s case, the Superintending Engineer agreed on July 1