Mahajan, J.

1. This appeal under Clause 10 of the Letters Patent arises out of a suit filed by Sampuran Singh against Arjan Singh and others for mandatory and perpetual injunction restraining defendant No. 1 from obstructing the natural flow of water through his house. The other defendants are merely pro forma defendants. It was pleaded by the plaintiff that he had acquired a right of easement with regard to the natural water as well as the sullage water for a period of more than 20 years. In the alternative, it was pleaded that so far, the natural water is concerned, he was entitled to easement of necessity. On the pleadings of the parties, the following issues were framed :

1. Whether the suit is bad for misjoinder of parties?

2. Whether the plaintiff is not entitled to bring this suit on account of laches and acquiescence on his part?

3. Whether the water of the house of the plaintiff and defendant No. 2 passed through the house of Arjan Singh defendant No. 1 by a drain situated towards the western side of his house and the plaintiff has acquired a right of easement by way of prescription?

4. Whether Arjan Singh defendant No. 1 has closed the drain passing through his ho