P. K. MISRA, J.

( 1 ) DEFENDANTS are the appellants against a reversing decision.

( 2 ) THE plaintiff-respondent filed a suit for mandatory injunction to remove the extended projection of the roof of the defendants' house on the ground that the said roof of the house is projecting and extending over the land belonging to the plaintiff, as a result of which the rain water is falling over the kitchen garden of the plaintiff and thus causing extensive loss and damages. The defendants in the written statement while denying the plaint allegations claim that the roof is projecting over the vacant side belonging to the defendants themselves.

( 3 ) THE trial Court dismissed the suit on the finding that the plaintiff failed to prove that the disputed land belongs to the plaintiff. The appellate court reversed the finding of the trial Court and decreed the suit by holding that the disputed land belongs to the plaintiff.

( 4 ) DURING the pendency of the suit, a Civil Court Commissioner had been deputed. Though the Civil Court Commissioner had reported that the water from the house of the defendants was falling on the plaintiff's land, the trial Court had not placed any reliance upon the sa