BROOME, J. :- This second appeal has been referred to us at the instance of a learned Single Judge, who felt that an authoritative decision was called for as to the combined effect of Sections 15, 45 and 51 of the Easements Act.

2. The suit out of which this appeal arises is for a perpetual injunction to restrain the defendants from interfering with the discharge of rain-water through certain spouts (parnalas) that open from the plaintiffs roof on to their land. From the findings of fact given by the Courts below it appears that when the plaintiff purchased the house in 1965, it was a mere rum, having collapsed 5 or 6 years before; but previously, when the house was standing, the plaintiff's predecessors had been discharging rain-water on to the defendants' land from the roof of the house through parnalas for more than 20 years. The learned Munsif of Muzaffarnagar held that they had thus acquired a prescriptive easementary right and on this finding decreed the suit. But in appeal the learned Second Additional Civil Judge of Muzaffarnagar found that though a prescriptive easementary right had been earlier acquired, it had not been exercised for the five or six years immediat