Law:

Section:

Civil Procedure Code (V of 1908)-------S. 115---Revision---Scope---Granting relief not prayed for---Exercise of jurisdiction with material irregularity---Water Channel---Right to irrigation of lands---Perpetual injunctions to restrain defendants from interference was allowed---Plaintiffs though had not sought possession of land in question but Trial Court directed to Tehsildar to hand over the possession to plaintiffs---Appellate Court rightly held the directives of Trial Court to be of no legal consequence but at the same time it erred in law by dismissing appeal in the operative part of impugned ---Once Appellate Court had held that directives were without legal sanction and of no legal consequence then it ought to have allowed the appeal partially by setting the said direction aside. Khanjar Baig for Petitioners. Shahabuddin and Taimour for Respondents. Date of hearing: 17th March, 2006. JUDGMENT MUZAFFAR ALI, J.---Counsel for the parties heard. The upshot of the heading note of the plaint is that, the plaintiffs/respondents have claimed perpetual injunction in respect of the disputed channel, with the contention, that the disputed channel is exclusively owned by them and only the plaintiffs/respondents are entitled to irrigate their lands through the water of the disputed channel and the defendants have no any right to restrain the plaintiffs from the above right. The above note clearly indicates that, the plaintiffs have not sought possession, of any land in their print, hence the learned trial Court has not only deviated from the pleadings, but also has shown to be more active than that of the plaintiffs, by directing the Tehsildar Gupis to hand over the 21 Kanals Land to the plaintiffs,…

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