( 1 ) THE petitioner is a tenant of premises 3, Convent Road Dehradun. Smt. Sarla Devi Sharma is the owner/land-lady of the house. Towards east of the said accommodation exists a servant tenament after the boundary wall where three opening for outlet for water, rain and flood water used to flow since long. The servient tenaments (premises 35/1 had always been on lower level than that of dominant tenament. The respondent No. 3, Dr. M. Singh, started raising constructions over the servient tenament in the month of November, 1982, through architect Sri S. A. Khan who was his agent. The petitioner apprehended that the three existing out lets in the boundary-wall openings to the servient tenament was going to be closed by respondent. A civil suit was thus filed by the petitioner impleading Dr. M. Singh as defendant No. 1 and S. A. Khan as defendant No. 2 seeking injunction restraining the defendants Nos. 1 and 2 for closing or disturbing the flow of the water of the dominant tenament through the three outlets in the eastern boundry-wall. The petitioner is a tenant in the premises in question i. e. the dominant tenement since 1955. The allegation in the plaint was that