Irrigation Partnership (Musaqat) — practice questions

Correct answer: C. Clauses 2 and 3: Musaqat is a contract between the owner of an orchard (or its usufruct) and a worker (irrigator) to share the produce in ratios stipulated at contracting. It is a permissible contract that becomes binding on commencement of the work, or where the parties mutually agree not to terminate it before its expiry. Clause 13 sets out how it may nonetheless be revoked by mutual consent or in specified situations.

Correct answer: A. Clauses 5/1 to 5/3 and 9/2: The contract must stipulate for each party a predetermined, defined, undivided share of the produce, and the worker is entitled to his share on an undivided basis as soon as it materialises. Assigning particular trees or a fixed quantity could deprive one party of any share. The work must be restricted to husbandry of the crop and trees, and the contract runs until harvest or for a defined period normally sufficient for harvest.

Correct answer: D. Clauses 6/1/2, 6/2 and 8/3: The worker may employ others to assist him with part or all of the contracted work, but he may not subcontract his work to a third party without the owner’s permission (the owner may ratify or reject such a contract). He is solely responsible for work customarily undertaken by irrigators, so wages of those he hires to do it are his own responsibility and are not taken from the crop. Only work customarily beyond his duties may be hired on the partnership’s account.