Sadasiva Aivar, J.

1. The defendant who is described in the plaint as a Government Officer, (namely, the Superintending Engineer, II Circle, D. P.W., residing at Bezwada) is the appellant before us.

2. This suit for injunction (among other reliefs) was brought against him because (according to the plaint) the defendant in his official capacity attempted to remove a dilapidated Ganapathi image which had been placed on a site which has been found by the Lower Appellate Court to belong to the Government. The image itself also has been found by that Court to belong 1o the Government. The Court however found (see paragraph 13 of its judgment) (1) that some sort of worship was being done to the said idol for a long time even when the idol lay half buried in the ground, it having been raised up and placed on a platform only in 1915 ; (2) that to establish a customary right, it was not necessary that there should be enjoyment for over 20 years or the like--(The lower Court further said "even supposing that the enjoyment claimed does not go so far back as to 1872 or 73, still I am of opinion on the evidence on record that there was sufficient enjoyment for the acquisition of the custo