DAKAS KHAN Vs. GHULAM KASIM KHAN

JUDGEMENT

(1.) In the District of Dera Ismail Khan there are two villages, Mauzah Darakki and Mauzah Sher Ali. Of the first the plaintiffs are the proprietors, of the second the defendants.

(2.) The dispute is between the proprietors of these two villages as to the ownership of village common lands measuring upwards of 7,989 acres. The plaintiffs contend that these lands belong to them jointly with the defendants in proprietary right by virtue of ownership of the two villages ; the defendants maintain that they are the exclusive proprietors. There was a subsidiary question as to the omission of certain provisions from the Wajib-ul-arz relating to these common lands, but on this there is no longer any contest.

(3.) On the 10th May, 1912, the District Judge of Dera Ismail Khan decided on both points in the plaintiffs favour. On the 13th January, 1913, this decree was varied by the Judicial Commissioner, North-West Frontier Province, who dismissed the plaintiffs claim of joint ownership. In other respects the decree was confirmed. It is from this variation in the appellate decree that the present appeal has been preferred by the plaintiffs.