Judgment

K. RAMASWAMY, J

( 1 ) CIVIL nos. 931 of 1977 and 200 of 1978 relate to the same dispute though they arose from two suits and separate judgments. The bench that heard civil no. 931 of 1977 directed on 24/01/1991 to list civil no. 200 of 1978 for common disposal. civil no. 200 of 1978 arose out of O. S. No. 118 of 1968 on the file of the court of Additional Subordinate Judge, Guntur and Appeal No. 259 of 1972 dated 19/06/1975 of the A. P. High court. The suit for possession and mesne profits was laid by the descendants of Nori Lakshmipathi Somayajulu of Vatticherukuru, Guntur Taluq and District, for short nls. The dispute relates to the tank known as nori Lakshmipathi Somayajulus Western Tank "vooracheruva" (village tank ). It consists of 100 acres of which roughly 30 acres is covered by water spread area marked a Schedule. b Schedule consists of 70 acres (silted up area ). The tank was dug in Fasli 1190 (1700 AD ). Zamindar, Raja Manikya Rao made a grant of the land for digging the tank and its preservation, maintenance and repairs. It is the descendants case that it is a private tank enjoyed by the grantee, NLS as owner and thereafter the descendants and perfected the title