Second Appeal arises from judgment and decree of learned District Judge, Palakkad in A.S. No.51 of 1990 and the Cross Objection therein modifying decree and judgment of learned munsiff in O.S. No.185 of 1979. Respondent sued appellants for declaration of right of easement or in the alternative for declaration that the disputed water chal described as “OPQRS’ in the sketch appended to the plaint is a natural stream, respondent has right to drain out rain water from his land to that water chal, draw water from the water chal and for mandatory injunction to direct appellants to restore the filled up portion of the water chal running through their property. He also claimed from the appellants damages to the tune of Rs.1,000/- and future damages at the rate of 200 hundred paras of paddy per year till the filled up portion of water chal is restored. According to respondent disputed water chal was being used to drain out rain water that was collected in the hillock on the north and flowing down towards south. The said water chal joins Kundalassery thodu on the further south. That water chal is having a width of eight feet
