JUDGMENT :- Plaintiffs ace the appellants is this second appeal. They own only about 1/3rd of the lands in Inam village called Agulpada. Defendants 1 to 4 are owners of lands is the neighbouring village of Gopinathpar which also is an Inam village. They have been sued as representing all the Inamdars of that village. Defendant 5 is the Government of Orissa represented by the Collector of Ganjam. The teat of the lands admittedly belong to the Dharakote Estate. The dispute relates to the right of the plaintiffs to irrigate their lands from the waters of a channel known as Kochianala by raising a cross dam on it. This Nala runs through the two villages of Gopinathpar and Agulpada. According to the evidence of one of the plaintiffs witnesses, P.W. 3, Kochianala starts in Government villages and goes to Government villages, but passes through these two Inam villages. The case of the plaintiffs is that this Kochianala is the irrigation source of the wet lands in the Inam, village of Agulpada; that the irrigation rights were being exercised by patting up a cross dam and that there used to be a pucca masonry dam at a specified place in the channel for diverting water to their village; that