1. The unsuccessful plaintiffs by taking the aid of section 100 CPC have assailed the judgment and decree passed by learned two Courts below dismissing their suit.

2. The plaintiffs-appellants filed a suit against defendants-respondents for declaration and injunction in respect of a Well which is the subject-matter of the suit. The name of Mangilal is common between the first plaintiff and first defendant. The father’s name of first plaintiff Mangilal is Veniramji while that of first defendant is Sawaji.

3. According to the plaintiffs, the disputed Well is in the land of first defendant and he (first defendant) has been shown to be the Bhumiswami in the revenue record of the said land. Further it has been pleaded by the plaintiffs that adjoining to the first defendant’s land, the land of plaintiffs is situated and they are irrigating their agricultural land from the disputed Well which is in existence of first defendant’s land. Further it has been pleaded by the plaintiffs that for the last more than 60 years they are irrigating their lands from the water of the Well of the first defendant. It has also been pleaded that defined channels to irrigate the land are also in existe