Law:

Section:

Constitution of Pakistan, 1973-- ----Art. 199--Recovery of share of Hissa Batai)--Revenue authority for recovery of their share--Suit for recover of share of produce (Hissa batai) and also for ejectment of tenants decreed by Assistant Collector--The matter went up to member (Judicial), Board of Revenue who confirming the finding of relationship of land lord and tenant and default committed by respondents proceeded to accept the revision petition of respondents, simply on the ground that they promised to pay the share of produce in future and will also cultivate the land--Constitutional petition--Held: When it is established on the record that, if a tenant failed to offer or pay the rent or default in the same rendered himself to be ejected--Objection regarding non maintainability of one suit for recovery of arears and for ejectment at the same time has no force. 1984 PSC 397 & PLJ 1992 Rev 69, ref. Administration of Justice-- ----If order passed by subordinate Courts are against law or facts, the same cannot sustain even with the consent of the parties, no order against law can be passed--If of the appellate Court was not violative of the principle of administration of justice or arbitrary or fanciful, the same should be preferred--Writ petition allowed. THIS ORDER PASSED BY: FAZAL-E-MIRAN CHAUHAN, JUSTICE---.--- By filing the instant writ petition, the petitioners have challenged the impugned order dated 14.07.2008, passed by the learned Member (Judicial), Board of Revenue, Punjab at Rawalpindi. 2. Briefly, the facts of the case are that, on 29.07.2000, the petitioners filed a suit/application for ejectment of Respondents No. 5 and 6 before the Tehsildar/Assistant Collector 1st Class, Fateh Jang on the grounds that, Respondents No. 5 and 6/tenant had not paid share of produce (Hissa Batai). They are not cultivating the land and are using the same for the grazing of their cattle and are damaging the value of the land; further that, the land is required for their personal use. The learned Assistant Collector, after framing issues and recording evidence of the parties, proceeded to decree the suit vide order dated 28.12.2001, in favour of the petitioners and…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492