Judgement

Appeal from a judgment and decree of the High Court (October 27, 1915), affirming a decree of the District Judge of Vizagapatam.

The suit was brought by the respondent, the Maharaja of Bobbili, for the refund of Rs. 695 levied upon him in 1907 under the Madras Irrigation Cess Act (VII. of 1865, Madras), and paid under protest, and for a declaration that he was entitled to use the water for irrigation in the village of Narayanapuram free of the cess. The terms of Madras Act VII. of 1865 (amended by Madras Act V. of 1900), ss. 1 and 4, are set out in the judgment of their Lordships. The respondent in his plaint stated, inter alia, (a) that the channel was constructed upwards of a century ago by the then zamindar of Palkonda, a neighbouring zamindary now in the possession of Government; (b) that his, the respondents, lands had ever since been irrigated by water from the channel, and that he and his predecessors in title had from time to time repaired the channel and constructed sluices in it at their own expense ; and (c) that he was entitled to the irrigation of his lands from the channel free of charge as a riparian proprietor and by virtue of long user, custom, prescripti