Law:

Section:

Revision---Practice---Concurrent findings of facts by Courts below---No interference.    ORDER   This is a revision petition against an order of the Additional Commissioner (Revenue) Peshawar and D.1. Khan, dated 6-2-57, upholding the order of the Collector, Bannu, dated 21st January 1956, whereby the claims of the petitioner under section 43 (A) of the Minor Canals Act was dismissed for the distribution of the water of Gandi Zalim in village Zalim Dallu Khel, Tehsil and district Bannu according to Kanal Bandi or in the alternative for the issue of a permanent injunction against the respondent restraining them from providing labour for Tinga from the presidents of other villages.   I have heard the petitioner with Mr. Shah Rahman Ansari Advocate and Mr. Abdur Rahim Advocate, assisted by Mr. Maqsood Jan, Advocate for Haji Abdullah Khan respondent. Habib-ur-Rehman Khan, Khalil-ur-Rehman Khan, Sher Ali Khan father of Asmatullah Khan deceased, Fazal-ur-Rehman and Abdur Rehman respondents are present in person. Other res pondents have been served but are not present. Orders against them shall be ex parte.   The petitioner had instituted a suit against the respondents for partition of water of Gandi Zalim or in the alternative for a permanent injunction restraining the respondent from using non-residents for performing Tinga in this village. A number of issues were framed by the Collector, Bannu and he found that according to Riwaj-e-Abpashi the respondents were not authorised to make non-residents to do Tinga and to give them water in turn for use in lands unconnected with Gandi Zalim. As, however, the petitioner could produce no evidence to show that in fact the respondents were using non-residents to perform Tinga the issue of an injunction…