( 1 ) THIS is an appeal against a decision of the District Judge, Howrah, reversing the decree of the Munsif, First Court, Howrah.

( 2 ) THE appellant filed a suit for a declaration that a particular drain is a public drain and he has a right to discharge water from his land through the said drain. The drain in question was comprised in dags Nos. 2512 and 2514 of mouza Belur. The plaintiff's case was that the same was a public drain of the locality and the plaintiff has an unobstructed and indefeasible right to discharge the surplus water of his factory into the same. The plaintiff had also a factory on his own land immediately to the north of the said dags and has got a pucca drain in his land through which he had been discharging the surplus water of his factory into the said public drain. The said dags being dags Nos. 2512 and 2514 along with other lands came to be acquired by the Government under Chap. VII of the Land Acquisition Act, for the purpose of making it over to the defendants for the use of their factory therein. After the Government had acquired the said land it entered into a contract with the respondents and in pursuance of the said contract m