1923 Present: Bertram C.J. and Garvin J.

 APPUHAMY et al v. SINGHO et al.

326-D. C. Chilaw, 6,582.

Riparian owners-Right to dam up stream-Damage to owner of land higher up.

A proprietor of a land adjoining a stream or watercourse is not justified in doing anything to dam up the stream in such a way M to cause an accumulation of water injurious to the land of a proprietor higher up the stream.

IN this case the plaintiffs-appellants, as owners and cultivators of the field described as lot No. 3,347 in plan No. 184,989, alleged that the defendants-respondents wrongfully obstructed the flow of surplus water running along a water-course through the appellants' land and caused it to be inundated, whereby the paddy crop was destroyed, and claimed a sum of Rs. 207.50 as damages, in the Court of Requests.

The respondents pleaded that the said field was a portion of a tank, and that they had no right to cultivate it or let out the surplus water, and claimed a sum of Rs. 1,000 alleged to have been sustained by them by reason of the appellants allowing the water to escape from the appellants' field.

On an application to the Supreme Court the case was t