( 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 growing fish and fishery rights were being leased out by them. They were also repairing the tank and its banks. According to them they were in possession of the suit tank and were also exercising ownership rights over the tank. They had uninterrupted possession and enjoyment of ownership as owners which was within the knowledge of one and all. The rights of the plaintiffs were never interfered by anybody since the excavation of the tank in 18th century. According to them there was an area of 10 acres in the same survey number in which the suit tank is situated and a portion of that land was even sold by the plaintiffs. They had also filed suits against encroachers. They had also granted permission to the local board for laying roads over a portion of the suit land. In 1920 when some of the villagers of kuchipudi tried to interfere with the rights of the plaintiffs ancestors Raja Yarlagadda ankineedu Prasad Bahadur filed o. S. No. 326/23 on the file of District Munsif, tenali for declaration and for perpetual injunction and the suit was decreed on 6-7-1925. In this suit the rights of ownership and possession of the suit tank and right to fishery and usufruct of the plaintiffs ancestors were upheld. Against the judgment the defendants in the suit preferred an appeal being A. S. No. 340/25 before the District court, Guntur which was transferred to Sub Court, bapatla and numbered as a. S. No. 193/96. The appeal was dismissed on 28-2-1927 upholding the Judgment of the lower Court. It was also contended by the plaintiffs that their father filed suits in the district Munsif Court, Repalle for evicting the encroachers in 1945 to 1953. Some of the suits were referred to arbitrators and awards were passed recognizing the rights of plaintiffs ancestors over the property which forms part of survey No. 408 and 409. Some suits were decreed on contest. The plaintiffs also contended that their ancestors, their father and they themselves were leasing out the fishery rights in the suit tank every year. The income realised from the tank was partly used by the plaintiffs and partly it was used for the repairs of the tank. Their ownership had never been challenged by anybody. The plaintiffs further contended that one Tumala Sriramulu the present sarpanch of the defendant panchayat himself was taking on lease the fishery rights in the suit tank from the plaintiffs. Two years before filing of the suit the lease was not given to him because a third party offered higher price. Since Tumala Sriramulu could not get the lease rights of fishing, that became the reason for filing the suit on behalf of panchayat by Sriramulu. The said sarpanch started creating trouble to the plaintiffs and influenced the Executive officer of the panchayat who made a representation to the Pancha