MODI, J.— This second appeal arises out of a suit filed by the plaintiff-respon-dents for injunction restraining the defendant-appellants from interfering with the right of the plaintiffs to irrigate their fields bearing Khasra Nos. 390, 390/1, 391/2, 392/1, 392/2 and 407 situate at village Dantri from the well bearing Khasra No. 389.

2. The plaintiffs case is that they have been irrigating their fields with the water drawn from the well bearing Khasra No. 389 for more than 100 years as of right and without interruption. It is not in dispute that the said well is owned by the defendants. Formerly too, it was owned by the defendants and their ancestors in the capacity of their being Jagirdars of village Dantri. The defence of the defendants is that the irrigation of the plaintiffs fields from the said well was permissive and in lieu of certain payment made by the plaintiffs. Both the courts below on consideration of the evidence led by the parties came to the conclusion that the plaintiff-respondents have been irrigating their fields form the water drawn from the said well for a period of more than 45-50 years and further that they paid no amount to the defendants for using the water

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