Law: Canal and Drainage Act, 1873

Section: 31

Law: Civil Procedure Code (V of 1908)

Section: 100

(a) Balochistan Canal and Drainage Ordinance (XX of 1980)---- ----Ss. 27 & 30---Canal and Drainage Act (VIII of 1873), S.31---Canal water, enhancement of rate---Contention of plaintiff was that defendants had enhanced water rate without any justification---Suit was dismissed concurrently---Validity---Nothing was on record that enhancement of water rate by the defendants was illegal and without lawful authority---Executive Engineer being a Canal Officer had power of Civil Court under S.27 of Balochistan Canal and Drainage Ordinance, 1980 and S.30 of the said Ordinance reflected that in absence of written contract every water supply was to be deemed to be given at the rate subject to the condition of prescribed rate---Plaintiff had failed to prove that department had assured to charge him at the specified rate---Parties had reached to the agreement through negotiation for supply of canal water and such negotiation should be deemed to be contract between the parties---Water supply to the plaintiff in absence of contract was subject to Rules and payment of charges---No mis-reading or non-reading of evidence had been pointed out in the impugned s passed by the Courts below---Findings recorded by the Courts below being neither perverse nor arbitrary, second appeal was dismissed, in circumstances. (b) Civil Procedure Code (V of 1908)--- ----S.100---Second appeal---Scope---Scope of second appeal was limited---Concurrent findings could not be interfered with in second appeal unless some procedural defect affecting such findings had been pointed out. Bashir Ahmed v. Mst. Taja Begum and others PLD 2010 SC 906 and Muhammad Feroze and others v. Muhammad Jamaat Ali 2006 SCMR 1304. rel. JUDGMENT ROZI KHAN BARRECH, JUSTICE:---.---- This Regular Second Appeal in terms of section 100 of The Code of Civil Procedure (V of 1908) (hereinafter referred as "C.P.C.") arises out of judgment and decree dated 27.12.2013 (hereinafter "the impugned judgment") whereby the learned District Judge, Lasbela at Hub (hereinafter "the Appellate Court") while dismissing the Regular First Appeal filed by the appellant upheld the judgment and decree dated 31.11.2012 passed by the learned Senior…

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