Alfred Henry Lionel Leach, C.J.

1. The appellants are the landholders of the Piranthakam Mitta in the Salem district. They filed the suit out of which this appeal arises to establish the right which they claim to cultivate the bed of the tank in the Piranthakam village when the tank becomes dry in the hot weather. The respondents who are ryots deny that the appellants possess this right and their plea has been accepted by the Subordinate Judge. The appeal is from the decree of the trial Court dismissing the appellants suit.

2. In 1937 the respondents applied to the Deputy Collector under the provisions of Section 20 of the Madras Estates Land Act, for an order declaring that they possessed the following rights : (1) to graze their cattle on the land forming the bed of the tank; (2) to cut for the purpose of fuel shrubs growing there; and (3) to remove silt. They also asked for an order restraining the appellants from cultivating the land. The Deputy Collector held that the respondents had none of the rights claimed by them, but he accepted their contention that the appellants were not entitled to cultivate the land, although they did possess the right to use it for grazing.

3.