ORDER :

1. This appeal has been filed under Section 96 of the Code of Civil Procedure, 1908 (hereinafter referred to as, “the Code”).

2. Being aggrieved and dissatisfied by the judgment and decree dated 29.04.2000 passed by the learned Civil Judge (Senior Division), Amreli in Special Civil Suit No.81 of 1996 wherein the suit of plaintiff came to be decreed thus, the appellant is before this Court. The learned trial Court decreed the suit.

3. The brief facts of the present case are that the original plaintiff filed a suit for damages against the appellants-original defendants. Plaintiff is the owner of Survey No. 26 paiki acre 4.10 guntha situated in Village Matanmala, Taluka Dhari, District Amreli and plaintiff had planted 265 mango trees. In a land bearing Survey No. 31, a canal is passing by, which is of the ownership of Shardaben Durlabhbhai. During monsoon, water is passing through this canal. In Survey No.31 total 78 mango trees are planted by wife of respondent No.1. The defendants-appellants had made one "ubhar" on the Nehru because of the said “ubhar”, the land became unfertile and due to running water, the plantation of mango trees were damaged. The plaintiff filed a suit for