Sundaram Chetty, J.

1. The plaintiff-appellant is the Secretary of State for India in Council. The suit is against the District Board of Tanjore in whom the right of management of the properties belonging to the plaint-mentioned chhatram is vested. The dispute in this case is in respect of the right of fishing in the river Korayar which is a non-tidal and non-navigable river within the limits of the inam village of Turakkadu which belonged to the chhatram. The village on either side of Turakkadu belong to the plaintiff. It is alleged in the plaint that the exclusive right of fishing in aforesaid river within the limits of the said village has been in the enjoyment of the Government peaceably and openly from Faslis 1302 to 1329 inclusive as of right and without interruption. The title to the said right of fishing is claimed as an casement under Section 15, Easements Act, and if for any reason that Act is held to be inapplicable, the plaintiff states that he is entitled to the exclusive right of fishery within the aforesaid limits of the river by reason of adverse possession of such interest in immovable property for over 12 years, The suit is for declaration, injunction and d