Law:

Section:

(a) Easements Act (V of 1882)-------S. 4---Right of easement---Right of passage of water for irrigation--­Plaintiff claimed right of easement on the ground that the defendants had no right to block the water channel which was passing through the land owned by the defendants, as the orchard of the plaintiff was being irrigated by the water channel---Both the Courts below had concurrently decided the matter against the plaintiff---Validity---Where the plaintiff had alternate access to his orchard and he could use the same at his leisure, the right of easement had rightly been declined to the plaintiff for valid reasons due to lack of evidence on file---No misreading or non­ reading of evidence warranting interference by High Court was found--­Both the Courts below had dealt at length with the matter and discussed all the issues in a proper manner in the light of the material on file---High Court declined to interfere with the s and decrees passed by the two Courts below in circumstances. Anata Kumar Majumdar and others v. Gopal Chandra Majumdal and others PLD 1961 Dacca 65; Messrs Eastern Carpets (Pak.) Ltd. v Province of the .Punjab and another 1994 MLD 558; Saffatullah and others v. Munshi Ainuddin and others PLD 1.964 Dacca 52; Haji Khan Baz Khan and 8 others v. Abdur Rahim and 5 others PLD 1993 Pesh. 36 Haji Muhammad Din v. Malik Muhammad Abdullah PLD 1994 SC 291 Messrs Pakistan Warranted Warehouse Ltd. v. Messrs Sindh Industrial Trading Estate Ltd. and another 1991 SCMR 119; Qazi Muhammad Ishaq v. Abdul Waheed PLD 1975 Pesh. 82; Tai Muhammad v. Mst. Zaitoonay and another PLD 1995 Pesh. 135 and Zardad Khan v. Mst. Safia Begum 1989 CLC 2006 ref. (b) Civil Procedure Code (V of 1908)--- ----S. 115---Revision---Concurrent findings of fact by the Courts below--­Appraisal of evidence by High Court in exercise of revisional jurisdiction---Scope---In absence of any jurisdictional error or material irregularity, High Court in its revisional jurisdiction under S.115, C.P.C. is not competent in undertaking its own appraisal of evidence in the face of the concurrent finding of the two Courts below---Such powers are intended for correcting errors made by the subordinate…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492