Madhavan Nair, J.

1. Defendant 1 is the appellant. The plaintiff and defendant L are owners of adjoining lands. The plaintiffs lands lie on the north and defendant 1s lands which are on a higher level lie on the south. Along the boundary between their respective lands defendant 1 put up a bund three feet high and in two particular places in this bund ho cut openings for allowing the surplus water collecting on his lands to flow into the plaintiffs lands and thence into the Palayam channel, which lies to the north of the plaintiffs lands. It is the common case of both parties that the plaintiffs land was part of the Palayam channel until it was granted to the plaintiff in about 1905 by the Government. It has been found by the Courts below that the bund stands on defendant 1s lands and was put up by him, though the plaintiff alleged that it belonged jointly to defendant 1 and himself. The case of the plaintiff is that defendant 1 is not entitled to drain off the surplus waters of his lands into the plaintiffs lands on the north and that, in any event, he is not entitled to let them off through particular openings in the bund. He therefore instituted the suit out of which this