1. This appeal is directed against the judgement dated 17th July, 1978 passed in Title Suit No. 172 of 1972 by the Second Addl. Subordinate Judge, Ranchi dismissing the suit of the plaintiffs-appellants on contest with costs.

2. The plaintiffs had filed the suit for declaration that they had a right to drain out the surplus rain water and sewage water of their house situated on plot No. 1614 through M.S. Plot No. 1630 belonging to the defendant-respondent. A prayer was. also made for permanent injunction restraining the defendant from obstructing the flow of water through plot No. 1630. In addition to that, an estimated claim of Rs. 10,000.00 was also made by way of damage caused by the obstruction made by the defendant-respondent. It was claimed that by obstructing in the flow of rain water and sewage water, the water became stagnant on plot No. 1614 as a result of which the land of plot No. 1614 became muddle and the crops thereon were washed away. The further case of the plaintiffs was that they had constructed a pucca house in place of kacha house on municipal plot No. 1615 and began to live in it. Later on, as a result of partition among the family members, the plainti