GHAZANFAR KHAN AND Others vs TAJ MUHAMMAD AND Other — 1970 SCMR 139

Citation: 1970 SCMR 139

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-31

Parties: GHAZANFAR KHAN AND Others vs TAJ MUHAMMAD AND Other

Headnotes

Case cited as 1970 SCMR 139

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Alvin R. Cornelius, Fazal-e-Akbar Title: GHAZANFAR KHAN AND Others vs TAJ MUHAMMAD AND Other Case No.:Civil Petitions for Special Leave to Appeal Nos. 293 and 294 967 Petition No. JUDGMENT Reported As: 1970 SCMR 139 Result: Petitions dismissed Judgment JUDGMENT CORNELIUS, C. J.-The petitioner is owner of square No. 43 Chak No. 296/HB, Lyallpur. By an order made in 1961, it has been included in the warabandi of outlet No. RD/7463/R resulting in detriment to the water rights of those who were previously sharing those rights among themselves. These persons, i. e. The respondents sued to avoid the new order, and were met with the reply, inter alia, that the order sought to be carried out in 1961, had actually been made in 1952 by the Canal Authorities. The 1952 papers showed that no notice, as required by section 20, Canal and Drainage Act had been issued to the objectors before the order was made. It had remained unexecuted for nine years. At trial before a 3rd Class Civil Judge, both suits that had been filed were dismissed, but in appeal, a District Judge found that in the proceedings of 1952, the plaintiffs who were allottees of evacuee land commanded by the outlet in question had been ignored. Through the Custodian, these persons had vested rights in the water, by virtue of their occupation and right of cultivation of the land. As they had not been notified before the new mode of watering was order, it was not binding on…

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