Anantakrishna Ayyar, J.

1. The plaintiff instituted the original suit for a perpetual injunction restraining the Municipal Council of Calicut from interfering with the thodu (channel) on the western side of the plaintiffs property.

2. The case of the plaintiff was that the channel was his and that he was entitled to do what he liked with the same, and that for the convenient enjoyment of his land which is on the east of the channel, he (the plaintiff) constructed what has been described as a gate across the channel. The Municipal Council having by its proceedings dated 12th January, 1924, passed a resolution prejudicial to the rights of the plaintiff in the lawful exercise of his legal ownership of the property, he instituted the original suit for the relief of injunction claimed by him. The case of the Municipal Council in para, 3 of the written statement was that the footpath running north to south just to the west of the channel in question as well as the channel were public properties and as such under the control of the Municipality. The learned District Munsif who tried the suit framed two issues in the case :

3. (1) Whether the water channel in question belonged to the