GHULAM NABI--Defendant vs GHULAM MUHAMMAD AND 3 OTHERS — 1971 PLD 371

Citation: 1971 PLD 371

Court: Lahore High Court

Year: 1970

Decision Date: 1970-11-09

Parties: GHULAM NABI--Defendant vs GHULAM MUHAMMAD AND 3 OTHERS

Headnotes

Case cited as PLD 1971 Lahore 371

Judgment Text

Court Name: Lahore High Court Judge(s): Muhammad Akram Title: GHULAM NABI--Defendant vs GHULAM MUHAMMAD AND 3 OTHERS Case No.: Regular Second Appeal No, 369 of 1959 Date of Judgment:1970-11-09 Reported As: PLD 1971 Lahore 371 Result: Appeal dismissed JUDGMENT JUDGMENT This is a regular second appeal arising out of a suit brought by the respondents against the appellant herein and some others, challenging the validity of an order dated the 25th February 1957, passed by the Divisional Canal Officer, Lower Gogera Division, Lyallpur, under section 68 of the Canal and Drainage Act, 1873, sanctioning a panel warabandi between the co-sharers on the outlet No, 4575/L of Rajbah Rasina, Chak No, 136 G. B., Tehsil Sumundari, District Lyallpur. 2. The brief facts are that the co-sharers on this outlet in question used to irrigate their lands under a mutual arrangement for a private warabandi in vogue between them. In the year 1955 Ghulam Din appellant applied to the Divisional Canal Officer for permission to shift the nakah from Killa No, 25 to Killa No, 5 of square No, 32 in the interest of the better irrigation of his land. The application was, however, rejected by the learned Divisional Canal Officer by means of his order dated the 2nd of August 1955 (Exh. P. 1) and the appellant continued to irrigate his land from Killa No, 25 as before. But, towards the end of 1956 one Abdullah son of Nizam Din one of the co-sharers applied to the Divisional Canal Officer for fixing a panel…

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