Judgement

Consolidated Appeals from a judgment and three decrees of the High Court (September 9, 1910) as to the first affirming, and as to the second and third varying, decrees of the District Judge of Ganjam.

The appeals arose from three suits instituted in the District Court of Ganjam by the Zamindar of Urlam (since deceased, and represented by the appellants) against the respondent. The plaints claimed certain declarations as to the plaintiffs right to use water from artificial channels connecting with the river Vamsadhara for irrigating his zamindari and inam lands, and for a refund of sums levied as irrigation cess under Madras Act VII. of 1865, as amended by Madras Act V. of 1900.

The facts and the effect of the decisions of the Courts in India appear from the judgment of their Lordships at pp. 175 to 180. The appeal to the High Court is reported at I. L. R. 34 Madr. 296.

1917. March 9, 12, 13, 15, 16, 19, 21, 22. Upjohn, K.C., and Sir W. Garth, for the appellants. The general law in India as to rights in flowing water is the same as that in England Rameshur Per shad Narain Singh v. Koonj Behari Pattuk (( 1878) L. R. 6 Ind. Ap. 33.); Kali Kishen Tagore v. Jodso Lal Mullick (