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1987 SCMR 1516

SULTAN AHMAD vs GHULAM HUSSAIN And 2 Other

Citation1987 SCMR 1516
CourtSupreme Court of Pakistan
Case No.Civil Petition for Special Leave to Appeal No. 496 of 1980 Revision No. 440 of
Date1987-06-10
Judge(s)Aslam Riaz Hussain, Saad Saood Jan
ResultLeave granted

ORDER

1. SAAD SAOOD JAN, J.--The main parties in this petition for special leave to appeal are two real brothers. The sole question for consideration in this petition is whether the additional water sanctioned by the canal authorities on the application of the petitioner was intended for his land alone or that both brothers were entitled to its use. The trial Court as well as the learned District Judge held that the additional water was meant only for the petitioner. The High Court reversed this finding on the assumption that the land held by the two brothers was joint and for that reason the petitioner could not alone claim the benefit of the additional water. In support of this petition it is contended that the assumption upon which the High Court based its judgment in revisional jurisdiction was erroneous as a private partition had already taken place between the two brothers.

2. In support of this contention reliance is being placed on the revenue record. It is also contended that in revisional jurisdiction it was not open to the High Court to interfere with the concurrent findings of fact recorded by the subordinate Courts. The contentions raised in support of this petition need examination. Leave to appeal is granted to the petitioner. Security for costs in the sum of Rs.1,000/-. The appeal may be made ready for hearing on the present record with permission to the parties to file additional documents, if any. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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