JUDGMENT

Mukerji, J. - This is the defendant s appeal and arises out of the following circumstances. The plaintiffs brought the suit for recovery of Rs. 600, as damages on the allegation that they had a right to irrigate four plots of land namely Nos. 2671, 2672, 2673 and 2674 with the water taken from a well situated in plot 2670, that they had grown potatoes in all the plots except plot 2671, that the defendants, without any rhyme or reason stopped the plaintiffs from Irrigating the potatoes field and that a loss was caused to the plaintiffs. The defence was that the well belonged to the defendants themselves, that the plaintiffs had no right to cultivate their lands with the water of the well, that the defendants themselves had been cultivating the four plots which are now in plaintiff's possession and that the plaintiffs were not entitled to recover any damages.

2. It will be noticed that the plaintiffs did not explain in the plaint what was the nature of the right which was claimed by them. The learned Munsif held that the plaintiffs' right was in the nature of a customary right and decreed the claim for Rs. 300 only. There was an appeal by the defendants. The learned Subordinat