- (1.) The plaintiff-respondent filed a suit for permanent injunction restraining the Municipal Committee, Abohar from imposition and effecting the recovery of water tax qua the property described in the plaint, situated within the municipal limits of Abohar. The suit was decreed on 4.8.1987 and the appeal against said judgment and decree has been dismissed by the Additional District Judge, Ferozepur, vide order dated 1.3.1989. Resultantly, Municipal Committee, Abohar-appellant is in second appeal before this Court.
(2.) Heard learned counsel for the parties.
(3.) As per submission of the learned counsel appearing for the appellant, the following questions of law require consideration: i) As to whether the appellant-Committee is vested with the right to recover water tax in the light of a notification dated 20.6.1942 (Exhibit D1) issued by the Government of Punjab? ii) As to whether the jurisdiction of the Civil Court to entertain the present kind of suit was barred in terms of Section 86 of the Punjab Municipal Act, 1911 (hereinafter referred to as 'the Act')?;