Judgement

APPEAL from a decree of the High Court (Dec. 4, 1882), reversing a decree of the Subordinate Judge of Madura (April 7, 1880).

The facts of the case are stated in the judgment of their Lordships.

Graham, Q.C., and Mayne, for the Appellants, contended that the evidence established a grant by the State or the villagers of land as a site for the tank, that Meyappa Chetti founded the tank in the manner contemplated by the grant, and that the Appellants were his heirs. The tank had always been used for the benefit of the village community. It was a charitable institution governed by the laws appropriate to such cases ; and prima facie the management, supervision, and exclusive duty of providing and executing necessary repairs devolved upon the heirs of the founder. The evidence of usage supported this claim. Reference was made to Churton v. Frewen (Law Rep. 2 Eq. 634) and The Duke of Norfolk v. Arbuthnot (4 C. P. D. 290; 5 C.P. D. 390).

Cowie, Q.C., and Doyne, for the respondents, were not heard.

The judgment of their Lordships was delivered by LORD HOBHOUSE-

The Plaintiffs and Defendants are all inhabitants of the village of Karakkudi, and the subject of dispute is a tank belon