Alfred Henry Lionel Leach, C.J.

1. The parties to this appeal are ryots cultivating lands in the neighbourhood of the Kadamba tank in the Tinnevelly District. The tank Which is a large one is fed from a river through a channel flowing into the tank at its northern extremity. A bund running from North to South causes the water to spread during the monsoon season to a line beyond the boundaries of the lands cultivated by the appellants. It is, admitted that from time immemorial these lands have been submerged for several weeks in the year after the tank has filled as the result of the rains. The withdrawal of water from the tank for the purpose of the cultivation of the lands falling within the ayacut causes the water to recede gradually from the appellants lands and when this has happened they are fit for cultivation. The appellants and their predecessors have accepted tenancies of these lands knowing that they would be completely submerged for part of the year. In 1898 the appellants predecessors erected bunds to prevent the submersion. This caused some of the water in. the tank to escape over the weir and lessened the supply which the ryots in the ayacut were accustomed to