S.K. MAL LODHA, J.—This revision has been placed before us on a reference made by a learned Single Judge as it raises an important question as to the jurisdiction of a civil court to try the suit for perpetual injunction in respect of right of drawing water from the well bearing a separate khasra number and further to take water in a drain on the basis of elementary right.

2. The plaintiffs-non-petitioners Nos. 1 and 2 instituted a suit for permanent prohibitory injunction and damages against the petitioners (defendants Nos. 1 and 2) in the court of Munsif, Mandalgarh on Sept. 12, 1969. It was alleged by the plaintiffs that a well having separate khasra No. 168 is situate in village Khadipur, Tehsil Mandalgarh; that in that well, the plaintiff, defendant No. 4 and defendant No. 1 have 1/6, 1/2 and 1/3 share respectively; that prior to February 15, 1949, defendant No. 4 had 1/2 share and defendant No. 1 had 1/2 share and both of them used to irrigate their fields from the well every three days turn by trun; that on Feb. 15, 1940, defendant No. 1 sold l/3rd of his 1/2 share to the plaintiffs father Narain on a sale consideration of Rs. 50/- and thus the plaintiffs became entitled to 1

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