Law:

Section:

Canal and Drainage Act (VIII of 1873)--- ---Ss. 68 & 3---Specific Relief Act (I of 1877), S. 42---Civil Procedure Code (V of 1908), O. VII, R. 10---Suit for declaration---Settlement of disputes of canal water---Return of plaint---Scope---Trial Court returned the plaint holding that civil court had no jurisdiction to proceed with the case in view of barring provisions contained in Canal and Drainage Act, 1873---Validity---Provisions of Canal and Drainage Act, 1873 were applicable only in such cases of water disputes where lands were being irrigated from main canal constructed, maintained or controlled by the Provincial Government through Irrigation Department---Settlement of differences over irrigation rights could not be resolved through the hierarchy of Irrigation Department where any water channel or any outlet had neither been constructed by the Government nor same was being financed, maintained, managed or controlled by the said Government through Irrigation Department but had been constructed, managed and controlled privately---Refusal of both the courts below to exercise their jurisdiction over the issue in hand was illegal---Present issue was amenable to the jurisdiction of civil court---Impugned s passed by both the courts below were set aside and case was remanded to the Trial Court for disposal in accordance with law---Revision was accepted in circumstances. THIS JUDGMENT DELIVERED BY: LAL JAN KHATTAK, J.--- This revision petition under section 115 C.P.C. is directed against the judgment and decree dated 8-12-2010 of the learned Additional District Judge/Izafi Zilla Qazi, Mastuj at Booni, Chitral, whereby appeal preferred by the petitioners, against the judgment/order dated 29-3-2010 of the learned Civil Judge/Maga Qazi,, Mastuj at Booni, has been dismissed. 2. Brief facts of the case are that the petitioners had filed a suit for declaration etc to the effect that they are entitled to irrigate their lands from the water flowing in stream `Meter Tang' and the respondents. have no right to deny their such entitlement. It was the petitioners' case, as set forth in their plaint,' that in the year of 1930 the then Governor of Mastuj had given a chunk…

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