Devadoss, J.

1. The only point in this case is whether the Government is entitled to levy water rate on the extent of wet cultivation on the lands in plaintiffs occupation. The source of supply is a spring in Government poramboke land and the water is taken by means of a channel to the plaintiffs land. The plaintiffs case is that he and his ancestors have been using the water of the spring taken through the channel for over 80 years. The finding is that the enjoyment has been for over 60 years. Both the lower Courts have given a decree to the plaintiff and the Secretary of State has preferred this second appeal.

2. The contention of the learned Government Pleader is that the Government is entitled to levy watercress under Act 7 of 1865, whatever may be the source of irrigation. Here the channel marked A B C in the plan not printed here along which the water flows is said to have been dug by the plaintiffs ancestors and it is also alleged that the source of the spring is in a well or ditch sunk by the plaintiffs family. The water wells up from the ground and flows through the channel to the plaintiffs land. It is admitted that there is no source of water--any work or any const