Law:

Section:

Canal and Drainage Act (VIII of 1873)-----Ss. 20 to 23Watercourse in dispute preexisting and not newly constructed Warabandi order passed several years back mentioning existence of watercourse in dispute but such order not challenged by plaintiff'Formalities prescribed in Ss. 2123, hence, not required to be gone throughOrder allowing -Respondent to take canal water from such watercourse, in circumstances, not bad. ORDER ANWARUL HAQ, J. ---This petition is directed against the judgment of the Lahore High Court dated the 27th of January 1975, dismissing the second appeal filed by the -Petitioner Rao Mehrban Khan to challenge the dismissal of his suit by the trial Court. His first appeal had earlier been dismissed by the Additional District Judge, Montgomery, by his order dated the 22nd April 1966. The -Petitioner had filed the suit to challenge the legality of the order made by the Divisional Canal Officer, Montgomery, on the 7th September 1964, allowing the -Respondent, Shah Muhammad to take canal water from the watercourse passing through Killa Nos. 5, 6 and 15 of Square No. 88, owned by the -Petitioner. It was averred in the plaint that the order was bad for the reason that it had been made in disregard of the provisions contained in sections 20 to 28 of the Canal and Drainage Act, 1873. The suit was contested on the grounds of lack of jurisdiction and bar of limitation. It was also contended that the watercourse had been sanctioned before 1931, but it had been demolished by the plaintiff after the Divisional Canal Officer had made Warabandi order on the 12th of March 1964, and it was for this reason that an application had to be made to the said officer for the restoration of the watercourse. The learned trial Judge decided the issues of jurisdiction and limitation in favour of the plaintiff, but he held that the Khal in dispute was a sanctioned Khal prior to the Warabandi order made by the Divisional Canal Officer on the 12th of March 1964, and this officer was competent, by his impugned order, to direct its restoration under the Canal and Drainage Act. On this view of the matter he dismissed the suit. These findings of the trial Court were endorsed, in…

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