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Constitution of Pakistan (1973)-----Art. 185(3)--Petition for leave to appeal against order of High Court whereby respondents civil revision arising out of disposal of a suit relating to allocation of Nikal (tail water) under Canal and Drainage Act was allowed--Parties entering compromise in writing by which they reached a fair arrangement--Petition converted into appeal and appeal allowed in terms of compromise. Muhammad Arif, Senior Advocate Supreme Court with Ejaz Ahmad Khan, Advocate-on-Record for Petitioners. Syed Munir Hussain, Advocate Supreme Court with S. Wajid Hussain, Advocate-on-Record for Respondents Nos.l and 3. Date of hearing: 27th January, 1986. ORDER MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought from judgment dated 18-6-1978 of the Lahore High Court; whereby respondents Civil Revision Petition arising out of the disposal of a suit relating to the allocation of Nikal (tail water) under the Canal and Drainage Act (No. VIII of 1873), was allowed. 2. After some arguments, the learned counsel for the parties have entered a compromise which having been put into writing; both of them have signed it. The compromise is reproduced below: "The case of Faiz Muhammad and other petitioners is that they own land in Chak No. 287-JB Tehsil and District Toba Tek Singh which is irrigated by Outlet No. 2575/11 Rajbah Gudian. Though originally the land owned by the petitioners was at the tail-end of the watercourse, yet they were not allowed Nikal water by the Canal Authorities, due to their holding too small to meet the requirement of Kitauti i.e. 2 hours and 24 minutes. The respondents were earlier allowed the Nikal water, in 1967, although the Nakka for them preceded the Nakka for the petitioners. Thereafter the petitioners purchased land from other owners and thereby the holding of the petitioners increased from 5 Acres to 91 Acres which could properly meet the requirements for the Kitauti. The petitioners…

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