Judgment

GAJENDRAGADKAR, J. : In the suit from which this appeal by special leave arises the appellant had claimed a mandatory injunction against the defendants (respondents) requiring them to remove the obstruction to the flow of water from Khasra No. 2 to Khasra No. 254 as shown in the map attached to the plaint as well as a perpetual injunction restraining the respondents from repeating such acts in future. The appellant s claim was dismissed by the trial court. On appeal before the Additional District Judge the appellant succeeded and both the injunctions claimed by him were ordered to be issued. The respondents then moved the High Court of Madhya Pradesh by second appeal which was allowed and the appellant s claim dismissed with costs throughout. It is against this decree that the appellant has come to this Court by special leave.

2. In his plaint the appellant alleged that until the abolition of proprietary rights under the Madhya Pradesh Act I of 1951 he was a protected Thekedar of village Kongiya Kala for about 40 years. He held and was in possession of 20 pieces of Malik Makbuza lands and 11 Raiyati lands which were specified in paragraph 2 of the plaint. Of these lands Khas