1. This is defendant's second appeal against a decree of the Additional District Judge, Nimar, Mandleshwar, dated 12-7-1951, reversing the decree of the Civil Judge, First Class, Khargone, by which the latter dismissed the plaintiffs' suit. The defendant has now come in second appeal.

2. The plaintiffs filed a suit for mandatory and permanent injunction alleging that the plaintiffs owned and possessed two sets of lands- Nos. 139, 141 and 142 on the west and Nos. 192 and 193 to the east near a Nala- in the village Pipri, Tehsil Khargone. The defendant also possessed a piece of land (Survey No. 187) lying near Nos. 192 and 193 of the plaintiffs'. Now the slope of the rain water was from plaintiffs' western lands, that is, Nos. 139, 141 and 142 towards the east over the defendant's fields- Survey No. 187- and then the water would go to join the Nala on the east side.

Near the Nala are the plaintiffs' land (Survey Nos. 192 and 193). The rain water, as stated above, would not touch these fields but from defendant's No. 187 it would pass on to the Nala. It was alleged by the plaintiff in his plaint that on the west side of the Khata of the defendant, the defendant dug the path an