'4. On the findings recorded by the lower appellate Court, the first question, which arises in this Second Appeal, is whether the defendants could be said to have acquired any right of easement to discharge the dirty water from the drain of their house in the plaintiff's land, The trial Court has observed that the flow of the dirty water from the defendant's house gives out a “nauseating smell” , S.17 of the Indian Easements Act says that easement acquired under S.15 are said to be acquired by Prescription and are called prescriptive rights. The present is not a case of any of the exceptions specified under clauses (a) to (d) in respect of which prescriptive rights of easements could not be acquired. Nevertheless, S.15 itself specifies the kinds of rights which can be acquired by prescription. They include the right to light or air to a building, a right to support to land or things affixed thereto, a right of way, “or any other easement”. The question is whether a person could discharge the dirty water of his house on another person's land as of right by way of an easement. S.4 of the Easements Act defines an easement. The illustrations under that section give certain instance of the kinds of rights which may be acquired by way of easements and also certain rights which are not easements. S.5 describes what are continuous and discontinuous or apparent and non-apparent easements, S.6 is not material for our present purpose. S.7 defines the nature of the easementary rights by saying that easements are restrictions of one or other of the following rights (namely):
