G.N.Prasad, J.

1. This second appeal has been preferred by plaintiffs who succeeded in the trial Court, but have lost in the lower appellate Court

2. The suit was instituted by the plaintiffs for a declaration that they had a customary right of irrigation of certain lands detailed in paragraph 9 of the plaint from a tank situated in village Eraitpur recorded in the revisional survey record of rights as plot No. 3149 appertaining to Gairmazrua khata No. 203 and having an area ol 7 bighas, 18 kathas and 18 dhurs. The plaintiffs alleged that they had been exercising such a right of irrigation from the water of this tank from time immemorial, without interruption, openly, peaceably and as of right for several 20 years and thus acquired a customary right of irrigation which was also recognised in the Fard Abpashi (Ext. 4) prepared during the revisional surevy operation alongwith usual village notes. The relevant entry in the fard Abpashi (Ext. 4) upon which the plaintiffs relied for their case, is to be found in the 7th column of the 9th serial No. of the document and the same bad been correctly quoted by the lower appellate Court in paragraph 23 of its judgment. In substance th