Shamilat

If Municipal Committee wanted to utilize such land for any other purpose, then permission of occupants of Deh (village) would be mandatory

Municipal Committee, without such authorization could not convert amenity plot into commercial plot.

Leave to appeal was granted to consider whether whole of the Shamilat Deh was owned by Hindu owners or by both Hindu and Muslim owners and whether partition thereof, had taken place or not.

In absence of evidence that defendants had broken the land (nautor) with the permission of plaintiffs, latter were not entitled to a decree for possession or even for ejectment for having not pleaded that they had accorded implied permission to defendants to occupy the land in question.

Definition.

Wajib-ul-arz-Shamilat-Custom-Right of villagers of adjoining village to cut wood and grass for themselves-light in nature of custom-Not a licence.

Dried up water channel-One co-sharer cannot use site of channel to exclusion of others.