AIR 1931 PRIVY COUNCIL 128

Privy Council

(FROM MADRAS)

Hon'ble Judge(s): Lord Macmillan, Sir John Wallis, Sir George Lowndes , JJJ

(A) Riparian Rights-Basis-What should be proved by claimant asserting user of water. The question of the user of water from a channel by a claimant for a second crop, which he asserts has been so long continued that it ought to be presumed to have had a lawful origin must depend upon the establishment by the claimant of two facts, viz., (1) that he has regularly grown a second crop, and (2) that no other source of water was available to him for this purpose than that of the channel. If both these facts are proved then the admission by the zamindar of a prescriptive right to water in the case of the first crop would go far to support a similar right in the case of the second crop. Such a right may well depend not on the terms of the grant but upon the circumstances under which it was made : Pwllbach Colliery Co. v. Woodman, (1915) AC 634, Rel. on.(Para 130 13) (B) Riparian Rights-Source and nature-Right to take water from channel is not indefinite right. The right to take from the channel such water as is reasonably required for the cultivation of a second crop of the customary character upon certain acres of land to which the dispute refers and for this purpose to construct, whenever necessary, a chippakatu or a groyne of....