Law: Constitution of Pakistan, 1973

Section: 185(3),185

Law: Canal and Drainage Act, 1873

Section: 68,20,28

(a) Constitution of Pakistan (19173)---Art. 185(3)--Canal and Drainage Act (VIII of 1873), Ss.68 & 20 to 28--Leave to appeal granted to consider whether finding of High Court that grandson of deceased land-owner had given consent was erroneous. (b) Canal and Drainage Act (VIII of 1873)---Ss.68 & 20 to 28--Constitution of Pakistan (1973), Art. 185) --Sanction of watercourse--Notice--Notice issued to all land-owners including appellant who initiated proceedings under S.68--Notices were duly served and application was decided only when it was established on record that notices had been served upon all land-owners--Appellant, although was duly served but sent his grandson either to represent him or to watch proceedings--Grandson of appellant giving consent to sanction of watercourse--Original plaint filed by appellant had not challenged correctness of sanctioning of watercourse and said plaint showed that appellant (plaintiff) was agreeable to construction of watercourse through his area--High Court finding that consent of grandson was consent of grandfather (applicant)--Appellant unable to refute inference drawn by High Court with regard to contents of plaint nor was able to point of any other material on record to show that finding was not well-founded Contentions on basis of which leave was granted by Supreme Court having not been established by appellant, Supreme Court dismissed appeal. JUDGMENT NASIM HASAN SHAH, J.-- This appeal, by leave of this Court, is directed against the judgment, dated 29-1-1976 passed by a learned Single Judge of the Lahore High Court, Lahore, accepting the revision petition of Muhammad Hussain, respondent No.l herein, and setting aside the order of the Additional District Judge, Lyallpur (now Faisal­abad), dated 25-3-1975. The relevant facts are that the father of the appellant and respondent No.l, inter alia, owned land in. Square No.14 of Chak No.4171JB, Tehsil Toba Tek Singh, District Lyallpur (now Faisalabad). In pursuance of an application under section 68 of the Canal & Drainage Act submitted by one Ilam Din on behalf of the shale-holders of Outlet No.29869 R. Dhaular distributory before the Divisional Canal Officer,…

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