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Mehdi Shah v . Government of West Pakistan, Lahore and another L D 1969 Kar. 369 ref. A. Sattar Shaikh, Additional Advocate-General, Sind and Muzaffar Hassan, Advocate-on-Record for Petitioners. Nemo for Respondents. Date of hearing: 28th August, 1986. ORDER MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought in this petition from judgment, dated 12-5-1985 of the Sind High Court; whereby the respondents (plaintiffs) second appeal arising out of a suit filed against the petitioners, was allowed. While setting aside lower appellate Courts decision the trial Court Decree in the .suit of the respondents, was restored. The respondents had filed a suit for declaration against the petitioners to the effect that the demand for payment of the construction charges of their watercourse was illegal. According to the learned Additional Advocate-General, the charges were in connection with the sharing of expenses for the construction of the watercourse which was for the utilization of the respondents (plaintiffs)--the expenses under the relevant law were to be shared by the Government and the beneficiary-landlords in 50 per cent share each. The suit was decreed by the trial Court notwithstanding the objection regarding the lack of jurisdiction. The first appeal filed by the petitioner was, however, allowed and the suit was dismissed. On second appeal a learned Single Judge of the High Court as mentioned above while setting aside the first appellate judgment has restored the decree passed by the trial Court. Learned Additional…

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