( 1 ) THIS Letters Patent Appeal is from the Judgment of a Learned Single Judge of this Court in A. S. No. 769 of 1978 allowing in part the appeal of the plaintiffs - protected tenants and granting declaration of their title in respect of the plaint schedule property and possession thereof with a further direction for enquiry into profits from the year 1969-70. The suit was laid by the respondents-plaintiffs seeking declaration of title in respect of the plaint schedule property, recovery of possession, declaration of their right to irrigate the lands with water from me two sources named therein, a consequential permanent injunction restraining the defendants from causing obstruction to the enjoyment of the irrigation channels of the two sources of irrigation in respect of the suit lands, a mandatory injunction to restore the irrigation channel that was destroyed by the defendants and to restore to its original condition and for recovery of profits, both past and future.

( 2 ) IN the plaint, it was averred that the plaintiffs are brothers and protected tenants in respect of the plaint schedule property which formed part of a larger extent of Ac. 62-03 guntas and that