( 1 ) THE 1st defendant has filed the appeal against the judgment and decree of Principal subordinate Judge, Tenali in O. S. No. 33 of 1986. The suit was filed by respondents 1 and 2 originally for declaration and injunction. Declaration was sought that the plaintiffs had the right of fishery in the suit tank and that they had also the right to enjoyment of usufruct and right to management over the suit tank. Consequential relief of injunction restraining the defendants from interfering was also sought. Subsequently the plaint was amended and a declaration for ownership was also sought for from the Court. The assertions made in the plaint were that the plaintiffs were the sons of late Raja yarlagadda Sivaram Prasad, Zamindar of devarakota paragana who was Zamidar till the abolition of zamindari. The plaintiffs contended that the suit tank was dug and constructed by one Yarlagadda kodandaramana, one of their ancestors in or about 18th century and they and their ancestors had been exercising the rights of ownership over the suit tank. They had been enjoying the usufruct of the trees on the banks of the tank since the time immemorial. They were also using the tank for