Law:

Section:

Specific Relief Act (I of 1877)--- ----Ss. 42 & 54---Suit for declaration and permanent injunction---Plaintiffs, had prayed for declaration to the effect that they were entitled to irrigate their agricultural lands through 24 channels from the water of relevant Nallah and that defendants, were not entitled to irrigate their lands from the said Nallah---Suit was concurrently dismissed by the Trial Court and Appellate Court---Validity---Two courts below had failed to appreciate the pleadings and evidence of the parties regarding actual dispute---Defendants, in their written statements, had also admitted the existence of 24 channels of the plaintiffs---Once the admission would come from the defendants through their written statement, Trial Court was legally bound not to frame any issue on the question admitted in the pleadings---Findings of the Trial Court dismissing the suit of the plaintiff was wrong---Trial Court did not discuss any evidence of the parties, and had passed the findings on mere conjuctures---Appellate Court below, also had passed the impugned without any discussion on each and every issue---Revision petition was accepted and impugned s were set aside---Suit of the plaintiffs was decreed to the extent of declaration that plaintiffs had the right to irrigate their agricultural lands from said 24 channels. THIS ORDER PASSED BY: MUHAMMAD ALAM, JUSTICE:----------- Judgment/order dated 07-12-2010, of the learned Additional District Judge Skardu, has been challenged through this petition. Through impugned order, learned first appellate court dismissed the appeal of the petitioners/plaintiffs. The first appeal, C.F.A. No.10/2004, restoration No.03/2005, was directed against judgment/ order dated 10-07-2014 of the learned Civil Judge Khaplu/trial court passed in C.S. No.27/2001, Remand No.27/2014. 2. Through the suit, petitioners/ plaintiffs have prayed for declaration to the effect that petitioners are entitled to irrigate their agricultural lands through 24 channels from the water of Nallah Kuru. Petitioners/ plaintiffs have further prayed in the plaint that respondents/ defendants are not entitled to irrigate their lands of Aradas, measuring 599…

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