ORDER : V.N. Khare, J. We have heard learned counsel for the parties. On perusal of the record we find that the defendant-respondent, as per the order of the trial court dated 30.10.1972, has already affixed the pipe right up to the ground level of the land on the southern spout of the terrace and the aforesaid arrangement is working well since then and this is not disputed by the parties counsel. We, therefore, feel just and proper to restore the decree of the trial court, subject to the condition imposed by the High Court, that the defendant is entitled to discharge rain water of ¼th part of the terrace. For the aforesaid reasons, the judgment of the first appellate court and the second appellate court are modified. The decree of the trial court is restored subject to the aforesaid condition. 2. The appeal is disposed of in the aforesaid terms. There shall be no order as to costs.