( 1 ) THIS is an appeal by the plaintiffs and is directed against the decision of Sri B. M. Ray Chaudhury, learned Subordinate Judge, Birbhum dated 15-11-1948, affirming the decision if Sri Durgadas Bose, Munsif, 1st Court, Bolpur, dated 28-2-1945.

( 2 ) THE suit out of which this appeal has arises was for a declaration of the right of easement viz. , to exercise the right of irrigation from a reservoir called Kanai Chowdhury's Bundh and described in schedule Ka to the plaint and for certain other reliefs. The right of irrigation is claimed in respect of the plots mentioned in schedule Kha of the plaint, the servient tenement being the reservoir described in Schedule. Ka includes three cadastral survey plots being Dags Nos. 13,108 and 110. Plots 13 and 110 are said to be the watery portion of Kanai Choudhury's Bundh, the embankment being C. S. Plot No. 108. The plaintiffs' allegation is that the right of irrigation was being exercised from time immemorial by certain channels existing at the south-east and the north-east corners of the bed of the said tank. The plaintiff's claimed a right of irrigation by presumption of a lost grant. It is necessary to state the pray