( 1 ) THIS is a plaintiffs second appeal against the concurrent decisions of the courts below dismissing his suit for a mandatory injunction requiring the defendants clean and open up a well on their own land so that the plaintiff can take water for the irrigation of his fields. The plaintiff claimed a right of easement. He alleged that he had been using this well for watering his fields for a long time, but the defendants recently had filled it up with earth and thus deprived him of its use. The defendants contested the suit and denied that the plain tiff had any right of easement. They admitted that the plaintiff had been permitted to draw water from this well upto 15 years prior to the suit, but the well had been abandoned, fallen into decay, and had dried up. They also alleged that the suit was mala fide and that the plain tiff had filed it not because he needed the water but to feed his grudge against the defendants with whom he was on bad terms.

( 2 ) THE trial court did not give any finding that the plaintiff had established a continuous right to draw water from the well over 20 years but preferred to dismiss this claim under Expl. II to section 15 of the Ea