JUDGMENT :

M. VENKATA RAMANA, J.

1. The plaintiffs are the appellants. The respondents are the defendants. The deceased 1st appellant, who is now represented by the appellants 2 to 5 in this second appeal, filed a suit in O.S. No. 40 of 1989 on the file of the Court of then Subordinate Judge (now Senior Civil Judge), Rajam for the relief of permanent injunction against the respondents restraining them from interfering with his possession and enjoyment of the water tank (Koneru in Telugu) described in the plaint schedule as well as fishery rights therein. This tank shall be hereinafter referred to as “the suit tank.”

2. The case of the deceased 1st appellant in the plaint was that he had purchased the suit tank from Smt. Kuna Chinnammi and her sons under registered sale deed dated 11.12.1941 and since then he continued to be in possession and enjoyment of the same enjoying fishery rights therein.

3. Repaka was an estate village and after its abolition under the Madras Estates Abolition and Conversion into Ryotwari Act, 1948, the deceased 1st appellant applied for issuance of ryotwari patta under Section 11 of the above Act to the Settlement Officer, Visakhapatnam. He was not successful