( 1 ) THIS is a plaintiffs' appeal against the dismissal of their suit for a declaration that they have a right to divert sufficient water of a nala through artificial channels by constructing temporary dams across the nala to irrigate some 60 acres of their land, for a permanent injunction restraining the defendants from doing any act calculated to diminish the quantity of water thus required and for Rs. 4,000/- as damages for the loss caused to them by the wrongful interference of the defendants in the year 1963-64.

( 2 ) IT is common ground that the plaintiffs were proprietors of village Zinda where they held 60 acres of sir and khudkast lands as detailed in paragraph 1 of the plaint. These lands are now held in Bhumiswami rights. Through the village area courses from south to north a nala called Belia Nala. It is not now disputed that at point EFGH, the State Government constructed in the year 1950-51 a regulator across the nala in pursuance of a scheme for providing irrigation under small projects. By means of this regulator, water used to be impounded towards the close of the rainy season by blocking the gates with wooden planks and earth. Admittedly, the plaintiff