MUHAMMAD NAZIR versus KARAMAT HUSSAIN SHAH

There is no evidence to show a fresh dispute between the parties under section `68 band barrier, which the sub divisional canal officer exercised without restriction in 1967. In 1967, held, final and in the circumstances, not open to change

1981 C L C 810

[Lahore]

Before Muhammad Zafarullah, J

FARID‑‑Petitioner

versus

NIZAM DIN AND 4 OTHERS‑Respondents

Regular Second Appeal No. 399 of 1978, decided on 27th April, 1981.

Canal and Drainage Act (VIII of 1873)‑

S. 68‑ Warabandi'‑No evidence to show fresh dispute between parties. regarding which Sub‑Divisional Canal Officer exercised his powers' of Warabandi‑Issue of Nakal' determined in 1967 without objection and Warabandi order remaining in force for four years Decision of Sub‑Divisional Officer ordering Warabandi', in 1967, held, final and not open to alteration, in circumstances.

Mazhar‑ul‑Haq for Appellant.

Laqa Haidar Zaidi for Respondents.

Date of hearing : 27th April, 1981.

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