Rais DUR MUHAMMAD AND ANOTHER vs Takari ABDUL HAMID AND 8 OTHERS — 1966 PLD 44

Citation: 1966 PLD 44

Court: Balochistan High Court

Year: 1970

Decision Date: 1970-06-29

Parties: Rais DUR MUHAMMAD AND ANOTHER vs Takari ABDUL HAMID AND 8 OTHERS

Headnotes

Case cited as PLD 1966 Quetta 44

Judgment Text

Court Name: Balochistan High Court Judge(s): Shafi-ur-Rehman, Muhammad Akram Title: Rais DUR MUHAMMAD AND ANOTHER vs Takari ABDUL HAMID AND 8 OTHERS Case No.: Regular Second Appeal No, 3 of 1966 Date of Judgment:1970-06-29 Reported As: PLD 1971 Quetta 93 Result: Appeal allowed JUDGMENT JUDGMENT SHAFIUR REHMAN, J.--This second appeal has arisen out of the judgment and decree of the Majlis- e-Shoora, Kalat, dated the 15th October 1965, affirming in appeal the dismissal of the suit by Kazi Sarawan on 23rd August 1965. 2. The facts of the case, in brief, are that Rais Dur Muhammad, the predecessor-in-interest of the plaintiffs and Sohbat Khan were the owners of two Karezes named Surrey and Kalanderwal in village Mand Haji Mangacher. A channel for another Karez known as Mohabatwal, belonging to the defendant-respondents had been dug subsequently and it crossed the channels of the two Karezes belonging to the plaintiffs. 3. The plaintiffs instituted the suit on 17th June 1964 claiming that according to an immemorial custom, they, being the owners of the two Karezes, the channels of which were crossed by another channel, subsequently dug for the Karez of defendant-respondents, were entitled to one Shabana Roze (24 hours) of water from it once every month. The specific custom pleaded was one of "Aab Randari" which, according to the plaintiffs, required that if the channel of a Karez subsequently dug had to cross, either from below or above, any other pre-existing channel, then at…

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