BARKAT ALI versus MUHAMMAD YAQUB

Section J 68 Jurisdiction does not exclude the jurisdiction of the Divisional Canal Officer whenever an order pertaining to the use or distribution of water is approved whenever there is a dispute between the two partners. Remand is found [jurisdiction remand (civil)]

1981 C L C 1197

LAHORE

Before Khurshid Ahmed, J

BARKAT ALI ETC.---‑Petitioners

versus

MUHAMMAD YAQUB‑Respondent

Civil Revision No. 1408‑D of 1979, decided on 1st July, 1980.

Canal

Drainage Act (VIII of 1873)‑‑

‑‑ S. 68‑Jurisdiction‑Mere existence of Warabandi, does not oust jurisdiction of Divisional Canal Officer to pass an order relating to use or distribution of water whenever a difference arose between two co‑sharers Case remanded in circumstances.‑ [Jurisdiction‑Remand (civil)].

Badar Din v. Bahadar Ali P L D 1968 Lab. 573; Din Muhammad v. Tufail Muhammad etc. P L D 1979 Lah. 826; Shahab‑ud‑Din v. Muhammad Sharif P L, D 1958 Lah. 333 and Faqir Muhammad and others v. Ganda Singh and others A I R 1929 Lah. 260 ref.

Ch. Muhammad Farooq for Petitioners.

Muhammad Anwar Buttar for Respondent.

Dates of hearing : 27th and 29th September, 1980.

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