ACHARYA, J.

( 1 ) THE unsuccessful plaintiff in both the courts below has preferred this second appeal against the decision passed by the Additional Subordinate Judge, berhampur in Title Appeal No. 14 of 1969.

( 2 ) THE plaintiff's case, in brief, is that he owns and possesses plot Nos. 775 and 774 as specifically described in the plaint. To the adjacent north of the said two plots, the defendants have their plot No. 690 at a lower level than the above mentioned two suit plots. The surplus water from plot No. 690 was being discharged from time immemorial through plot Nos. 742, 745 and other plots downwards belonging to other persons. The defendants being in inimical terms with the plaintiff and in order to damage the plaintiff's land and to have a shortcut way for the surplus water on plot No. 690, forcibly dug a Nala on the above-mentioned two suits plots thus causing wrongful loss and damage to the plaintiff. The plaintiff tried to obstruct the above high-handed action of the defendants, but failed in his attempt as the defendants are influential persons and had the support of the police and other local authorities.

( 3 ) DEFENDANT Nos. 4 and 5 did not contest the suit and wer