P. JAGANMOHAN REDDY, J.

( 1 ) THIS Letters Patent Appeal filed on the grant of leave by our learned brother Kumarayya, J. , involves the determination of the true scope and ambit of clause (5) of Rule 32 of Order 21 and Section 51 (e), Civil Procedure Code.

( 2 ) THE brief facts which give rise to the question posed before us are as follows: The tank in the shrotriem village of Annasamudram of which the respondents are the shrot riemdars, was in a state of disrepair and issue for several years past. The bund had breaches and the source of the tank, "gadi Vagu" would empty itself through two wide sluices. Because of these breaches water could not be trapped and it was not possible t have wet cultivation. The appellant who was the 1st plaintiff, and 4 others, plaintiffs 2 to 5, took on lease from the respondents the tank bed area and cultivated virginia tobacco, which does not require much water. In the lease deed it was stated that the "lessees would be at liberty to let out water in tank bed area through sluices marked A and B in the plan attached to the plaint, which are no other than the two sluices through which the Gadi Vagu used to empty itself. Thereafter the plaintiffs expen

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