AIR 1938 PESHAWAR 48

Peshawar High Court

Hon'ble Judge(s): Almond , J

Custom (N.W.F.P.) - Alluvion - Wajib-ul-arz providing that land formed by alluvion belongs to adjacent riparian owner - Such person becomes owner of land as soon as it emerges from river. Where a riparian owner claims land formed by alluvion lying adjacent to his own land, custom is the law to be applied in such cases in the N.W.F. Province under Bengal Alluvion and Diluvion Regn. 11 of 1825, which is made applicable to the Province by S. 4 of the Law and Justice Regn. 7 of 1901, and where the wajib-ul-arz relating to the village provides that land which is formed by alluvion belongs to the adjacent riparian owner, such person becomes owner of the land as soon as it emerges from the river.(Para 48C2)