Briefly, the Claimant has demanded damages for illegal construction of drain in front of his house at Chak No. 195-RB, Tehsil and District Faisalabad on the ground that be has been using the drain in dispute for the last about 15/16 years within the added prayer that the defendants may be compelled to excavate the drain for expelling sullage water of his house. In order to resolve the controversy, after submission of written statement by the defendants, Mr. Muhammad Bilal Advocate was appointed as a local commissioner to visit the spot to ascertain weather or not disputed drain in front of the complainant's house has illegally been blocked by the defendants causing flow of sullage water in the claimant's house due to faulty and defective services of the defendants No.3 and 4, mainly.
2. Heard the arguments record perused. The learned local commissioner visited the spot visit, and after observing all pros and cons of the case in the presence of the parties reached the conclusion that the previous drain stood constructed at a distance of about three feet from the house of the claimant and Asghar Ali defendant No. 1 from where the flow of water was from the claimant's house towards house of Asghar Ali, that, the new drain has been constructed at the same distance near the bath room/toilet of one, Nazir Ahmad which has been closed by Asghar Ali in front of his house by putting earth, that the claimant's bath room and the bath room of said Nazir Ahmad stand constructed over the old drain on their respective shares and both are not inclined to demolish the same. All such state of affairs show that the matter in dispute falls within the domain of civil court for declaration of title of the parties and the said Nazir Ahmad. Therefore the claim is hereby dismissed. File be consigned to the record room after its due completion.