Law:

Section:

Specific Relief Act (I of 1877)--- ----S. 42---Suit for declaration---Scope---Disputed water channel was meant for a new village which could only be developed by the government---New village could be developed through a proper scheme and that also after determining the rights of the people of the contesting parties to such lands---Water channel being natural resource was state property and both the parties had limited rights of watering their lands from the said channel---Impugned s and decrees passed by the courts below were result of mis-reading of evidence---Revision was disposed of according. THIS ORDER PASSED BY: MUHAMMAD ALAM, JUSTICE:---.--- Order dated 05-08-2008 passed by the learned Additional District Judge Ghanche whereby he dismissed the appeal CFA No.06/2005-10/2008 of the said court, has been challenged through this revision petition. 2. Respondents/plaintiffs filed a suit (Civil Suit No.27/2002-35/2002) in the court of Civil Judge First Class Khaplu/Mashabrum. Petitioners/defendants, comprised of two sets, contested the suit but through separate written statements. The first set of petitioners/defendants is the residents of Mouza Siksa Chorbat while the second set is the Provincial Government of Gilgit-Baltistan etc. Through the suit, respondents/plaintiffs prayed for declaration to the effect that they have the exclusive watering rights from the water of NaIlah Chorbat and order dated 19-06-2002 of the Sub-Divisional Magistrate (SDM) Khaplu, whereby, he allowed taking of water of Chorbat Nallah for the lands of petitioners/defendants. Respondents/ plaintiffs further prayed for permanent injunction against the petitioners/ defendants. After completing trial proceedings, learned trial court passed decree dated 09-07-2005, decreeing the suit throughout. Feeling aggrieved from the same, petitioners/defendants filed appeal, and through order/judgment dated 05-08-2008, the then Additional District Judge Skardu dismissed the appeal. 3. I have heard learned counsel for parties and have gone through the file. The question debated before me is, whether the two courts below have come to the conclusion of concurrent findings on the basis of any misreading…

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