GOPALAKRISHNA NAIR, J.

( 1 ) THIS civil miscellaneous appeal is preferred against the judgment of the subordinate Judge, Chittoor who, on appeal reversed the judgment and decree of the District Munsif, Madanapalle in O. S. No. 410 of 1954 and remanded the suit for fresh disposal in the light of the observations contained in his judgment.

( 2 ) THE plaintiffs, who alleged themselves to be the representatives of the major ayacutdars under Errakalva, instituted the suit against the defendants who were said to be major ayacutdars under Kambhamrayunikalva. Both these kalvas are admittedly irrigation channels. Errakalva appears to irrigate 32 acres of land of the plaintiffs and some others and Kambhamrayunikalva 75 acres of lands of the defendants and others. Both these irrigation channels rise from the bed of the river Bahuda in Madanapalle taluk. At a particular point, the Kambhamrayunikalva turned northwards from the bed of the river and entered into hard ground in its onward course. At that point, there were boulders in the bed of the river. It was customary for the ayacutdars under the Kambhamrayunikalva to put up a temporary bund between these boulders on the bed of the river so as

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