H.Mahapatra, J.

1. Plaintiff is the appellant. On the 14th of December 1949, plaintiff and defendant No. 1 purchased two portion of plot No. 2783. The plaintiff took the northern side and the defendant the southern. These two blocks have been referred as B and C in the courts below. On account of a dispute about the discharge of rain water from the plaintiffs portion which, before the purchase by the parties, used to be discharged over the southern portion as the slope of plot No. 2783 was from north to south, proceedings under S 147 of the Code of Criminal Procedure were started at the instance of the plaintiff. They were, however, quashed under the orders of the High Court. Thereafter the plaintiff instituted the present suit for a declaration that they had the right to discharge the rain water from their land through the defendants portion as the natural slope of the land was so constituted. He also asked for an injunction against the defendants restraining them from making any change in the level of their grounds so as to block the flow of the rain water from the plaintiffs land.

While the case was pending in the trial court and a few of the witnesses had been examined