M. P. CHANDRAKANTARAJ, J.

( 1 ) THIS is a plaintiffs' second appeal against the judgments and decrees of. the Courts below. It is necessary to state that the original defendant who was Ballal Ganapathi Bhatta died after the filing of the suit and of the two legal Representatives brought on record, i. e. , defendants 2 and 3, the contesting defendant is the 3rd defendant, only as the relief sought for by the plaintiffs is directed against the well situated in the land that fell to the exclusive share of the 3rd defendant.

( 2 ) PARTIES, in the course of this judgment, will be referred to by the ranks assigned to them in the original suit. It is also necessary to state that against some of the findings adverse to the 3rd defendant he also filed an appeal against the order of the trial Court and has succeeded in the lower appellate court.

( 3 ) THE facts leading to this appeal may be briefly stated as follows: The plaintiffs are agricultursts of Anangalii vallia and Kadenchi Vallia of Kalmanja village. In the said village Mundaje river flows from north to south. Anangalii and Par. ari Vallias (lands) are on the eastern bank (left bank) of the river and Kudenchi Vallia (lands) are on th

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