FACTS :- A certain stream which had its source in the village of Kharale passed northward through the village of Dhekwad Digar and then through the village of Narayanpur Digar on the side of the village Girasgaon and the villages Fulsar, Nimboni and other villages, ultimately meeting the river Tapi. The plaintiffs filed the present suit against the defendants on 13-10-1944, for a declaration that they had got a right, many years old, of taking water of the suit stream which passed by their village of Girasgaon by constructing a dam within the limits of the village, of Girasgaon with a view to store the water in order to raise garden crops and also for an injunction to restrain the defendants from doing any act, such as the construction of a dam within the limits of Dhekwad village or digging of. water channels for irrigating lands in Narayanpur Digar, to obstruct the suit stream and thereby disturb the right of the plaintiffs to take water from that stream, for growing garden crops. Defendants 2 and 3 contended (1) that they were the owners of that much, portion of the stream which passed by or through their villages on the ground that they were the inamdars of the soil wh