( 1 ) THE above appeal is directed against the judgment and decree dated 8th August, 1978 made in R. S. A. No. 181 of 1974 on the file of the Civil Judge, Haveri, reversing the judgment and decree dated 30th March, 1977 passed in O. S. No. 49 of 1971 on the file of the Munsiff, Haveri.

( 2 ) THE facts of the case in brief are: plaintiff filed a suit for declaration of easementary right to take water to their lands bearing S. No. 118/1 and 118/2 from the well situated in R. S. No. 119/1 the land of defendants 1 and 2. R. S. No. 119/2a and 119/2b are the lands of defendants 3 and 4. Plaintiffs contended that they and defendants are raising crops of coconut, paddy, sugarcane and vegetables in their respective lands for the last 100 years and are taking water from the Well situated in the R. S. No. 119/1. This the plaintiffs are doing as it is conveniently situated between the lands of plaintiffs and defendants. The plaintiffs contended that the owners of S. No. 119 take water to the extent of 2/3rd share and owners and cultivators of S. No. 118 take water to the extent of l/3rd share and they are taking water according to their turn. During 1870-71 at the time of the Re