JUDGMENT:- This is a plaintiffs Second Appeal in a suit for an injunction restraining the defendants from flowing the water of their Nabdan from the land in suit which was shown by the letters Ka, Kha, Ga, Gha on the map at the foot of the plaint, and mandatory injunction for covering up the drain shown by the letters Ta, Tha and restoration of the land to its original condition. The plaintiff claimed that the land in suit is the Sehan of his house. The defendants claimed that the land in suit formed part of the settlement plot number 133 over which they were in possession since the time of their ancestors. The slope of the land to the west of their house was westwards and the water from their drain naturally flowed towards west and not south. It was also claimed that they had been flowing the water of their Nabdan for mare than twenty years and had acquired an easementary right to do so by prescription. The following were the issues framed by the trial Court :-

1. "Whether the disputed land is the Sehan of the plaintiffs house? If so its effect?"

2. "Whether there is a Parnala of the defendant over the disputed land?"

3. "Whether the Court has no jurisdiction to try the suit as alleg

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