Law: Constitution of Pakistan, 1973

Section: 199

(a) Recovery of rent and ejectment--- ---Suit---Joint prayer---One suit for recovery of arrears and for ejectment at the same time is maintainable. (Para 8) Ref: 1984 PSC 379, PLD 1992 Rev. 72. (b) Appellate --- ---Proposition of law---Stated---If of the Appellate Court is not violative of the principle of administration of justice or arbitrary or fanciful, the same should be prepared. (Para 10) (c) Undertaking--- ---The order passed on the undertaking to disadvantage of the other party without soliciting the consent is not sustainable in law. (Para 3) Ref: PLD 1992 Rev. 71, 1984 PSC 379. EJECTMENT - (Decision on undertaking) (d) Constitution of Pakistan (1973)--- ---Art. 199---Revenue Courts---Ejectment suit---Default---Decision on undertaking---MBR set aside order for eviction of tenant passed by Assistant Collector (Tehsildar upheld by Executive District Officer (Revenue) on the basis of undertaking by respondent/tenants to pay rent in future---Validity---There was no evidence on record to show that said respondents offered or paid Hissa Batai for said period to petitioners---A tenant failed to offer or pay rent or default in the same rendered himself to the ejected---Said offer/promise to pay rent in future was never put to petitioners to seek their consent in that respondent---Petitioners never consented to the impugned order passed by BOR---In instant case petitioners never consented to offer or consent given by said respondents---Impugned suffered from material irregularity/set aside---Writ petition accepted. (Paras 9,10,11) (e) Consent of parties--- ---Illegal order---Validity---Principle of law---If order passed by the subordinate Courts are against law or facts the same cannot be set aside, even with the consent of party, no order against law can be passed. (Para 8) May also be seen: KLR 1997 C.C. (Lah.) 24. Key Terms:- [Case cannot be decided simply on the undertaking in absence of any consent by the opponent thereto]. JUDGMENT FAZAL-E-MIRAN CHAUHAN, J.--- 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.…

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