Judgement

Consolidated Appeal (No. 106 of 1924) from a decree of the Chief Court (May 31, 1921) reversing a decree of the District Judge of Pyapoon.

The suit was brought by the appellants to recover damages caused to their paddy land by flooding which they alleged was due to the respondents, lower riparian owners on a channel or canal, obstructing the flow of the water therein.

The facts appear from the judgment of the Judicial Committee.

The District Judge awarded the plaintiffs damages, but upon appeal to the Chief Court the decree was set aside and the suit dismissed.

1925. May 8, 11, 22. Hon. Geoffrey Lawrence K.C., and Beesley for the appellants. Harney K.C. and Leach for the respondents.

In addition to cases referred to in the judgment reference was made, for the appellants, to Greenock Corporation v. Caledonian Ry. ([ 1917] A. C. 556.); Abdul Hakim v. Ganesh Dutt (( 1885) I. L. R. 12

C. 326.); and Ramaswamy v. Rasi. (( 1913) I. L. R. 38 M. 149.)

June 30. The judgment of their Lordships was delivered by

LORD ATKINSON. This is an appeal from a judgment of the Chief Court of Lower Burma (Maung Kin and Duckworth JJ.) dated May 31, 1921, allowing the appeal of the respondents aga