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The parties are descendants from a common ancestor and they owned joint properties. A partition took place between the parties in or about 1927 whereunder survey Nos. 95 and 96 fell to the share of the plaintiffs and 15 cents of land in plot No. 96/5 in which the common well W. 2 is situate and the channel running from that common well were, however, kept joint for the common enjoyment of the parties. Water from well W. 2 situate in plot No. 96/5 was not sufficient enough to irrigate the lands of both the parties got by them in the said partition. The plaintiffs, therefore, were irrigating their lands from the well in survey No. 103/2 purchased by the father of the plaintiffs in 1928 in the name of plaintiffs' mother under Ext. A. I through the common channel from their own well in survey No. 103/2 by connecting the common channel in the common land in survey No. 96/5 by means of a small channel to take water to their lands in survey Nos. 96/3, 96/1, 95 and 92. The defendants objected to the use of the common land in survey No. 96/5 and the common channel running in survey No. 96/5 for taking water from their exclusive well in survey No. 103/2. Hence the plaintiffs were obliged to file the suit mentioned above.

This case is distinguishable on facts inasmuch as in that case at the time of partition the well was kept joint and arrangements had been entered into about the mode of use of the well fixing the duration. If the parties had entered into a contract then they would be governed by the terms of the contract but in the case in hand there was no such stipulation about the manner or mode of enjoyment of the common well and the common channel.

There is yet another reason why we would be reluctant to encourage the defendants to stop the plaintiffs from irrigating their fields from their own exclusive well through the common channel. In these days of scarcity when every effort is being made at all levels to increase the agricultural production to the country's teeming millions it would not be desirable to allow the defendants to create any hurdle in the irrigation of the plaintiff's plots through the common channel from their exclusive well. Thus, neither the law nor expediency warrants a conclusion as desired by the defendants.