18.It is pertinent to point out that according to the plaintiff, the excess water is not only the natural rain water, but also the artificial water which is collects from the lower Bhavani Irrigation Project. When the water accumulated in the plaintiff's land is not exclusive through natural source, but also by artificial source, then the law on this point is something different. In this regard, the Bombay High Court referring the judgments of Privy Council reported in AIR 1915 PC 165 Gibbons .V. Lenfestey has said, “If the water which would otherwise fall from the higher grounds insensibly, without hurting the inferior tenement should be collected into one body by the owner of the superior in the natural use of his property for draining or otherwise imposing it, the owner of the inferior is without the positive construction of any servitude, bound to receive that body of water on his property. It would not, for instance, he within his right to introduce water which was foreign to the land, for example, by prousing a pipe supply, or draining another watershed – and then insist all the water so brought on the land should be received by the inferior proprietor to his detriment.
