The main legal point established in the judgment is the restoration of Zemindari with all its customary rights and easements, and the entitlement of the Zemindar to the customary supply to his tanks.

1. The suit is by the present owner of Chockampatti Mitta, one of the mittas which constituted the Chockampatti (Zemindari. The Collector of the District has imposed certain water-cess on lands cultivated with second crop in the initta. These lands are irrigated from tanks, the primary source of supply to which through 2 channels is the Karuppanadi river which we understand is a jungle stream running, at the place where the channels take off, in Government land. For the purpose of these appeals the tanks Nos. 14 to 21 on the plan may be considered apart from the other two, Nos. 22 and 23. Tanks Nos. 14 to 21 receive thetr supply through the channel called Perunkal. The tanks Nos. 22 and 23 receive their supply through the channel called Papankal. The Subordinate Judge has granted the prayer of the plaintiff (1) as regards remission of water-cess charged in respect of tanks Nos. 14 to 21 and (2) as regards the injunction asked for in connection with these tanks so long as the second crop cultivation is raised with the customary water to which the plaint mitta has been found entitled by the Subordinate Judge. The Subordinate Judge has not granted any injunction in respect of tanks Nos. 22 and 23, but he has given the plaintiff a decree as to remission of water-cess charged under these tanks.

2. The plaintiff appeals in A.S. No. 85 of 1902 in so far as the injunction in respect of tanks Nos. 22 and 23 has not been granted.

3. The defendant has appealed in A.S. No. 1 16 of 19C2 in so far as a decree has-been given against him.

4. The mitta is part of a Zemindari originally granted on a permanent Sannad in 1803. It was sold for arrears of revenue in 1836 and was purchased by Government but.was " restored" again in 1859 under a permanent sannad to the son of the previous Zemindar. In the interval between 1836 and 1859 (Fasli 1268) Government executed certain repairs to the Perunkal in consquence of which it is alleged that the supply of water to the tank Nos. 14 to 21 was increased. It should be mentioned that, water from the Karuppanadi flows naturally into the Perunkal channel. There is no dam across the river. It is the case for the defendant that in consequence of the increased supply referred to above in the tanks Nos. 14 to 21, second crop cultivation has been extended and it is on this extended cultivation, that the defendant purports to have imposed a water-cess. That there has been extension of cultivation is beyond a doubt, but the evidence points to the conclusion that most of it took place prior to 1859 and anyhow there are no figures showing the extent of second crop cultivation before and after 1859. The plaintiffs case is that the Zemindari was " restored" in 1859 with all the rights to water which then existed. His case is that the flow of wait which he receives now is precisely what he received in 1859 and so long as he gets only the supply he is entitled to by long-established user he argues that Government has no right to impose upon him any water-cess even it there is an extension of cultivation.

5. It is a fact that no improvement in the water-supply to tanks Nos. 14 to 21 has been effected since 1859.

6. It appears to us that the most important point in these appeals is the question whether the Zemindari was restored in 1859 with the rights of water as they then existed in the improved state of the channels. We are of opinion that it was restored with those rights. The Perunkal channel supplies both Government and Zemindari tanks. The ayan ryots arid the zemin ryots take the water in the channel by turns of five days each. It is also a fact that the channel is being repaired at the joint expense of Government and the plaintiff. There is no dispute about this and it is not denied that this custom is being rigidly adhered to now as it always has been. When the Government owned the Zemindari the water was divided as it is now. What then was the position in 1859 when Government " restored" the Zemindari to the s