Law:

Section:

(a) Suit (civil)-Person having repudiated tenancy of agri­cultural land and set up title in himself-Matter amenable to civil Court's jurisdiction. (b) Civil Procedure Code (V of 1908), O XLI, r. 33-High Court dismissing cross objection can yet reduce amount of compensation awarded in decree. SALAHUDDIN AHMED, J.-Petitioner Banaras Khan was defendant No. 1 in the suit brought in January 1957, by plaintiffs-­respondents 1 to 5 against several defendants for possession of 26 kanals, 9 marlas and 3J sarsais of the disputed land on payment of certain compensation to the defendants on account of the improvements made by them. The suit was decreed by the Civil Judge, Peshawar. The petitioner preferred an appeal before the Peshawar High Court under section 30(b) of the North-West Frontier Province Courts Regulation, which was dismissed by a Division Bench of the High Court with certain modifications in the decree. The plaintiffs-respondents 1 to 5 filed cross-objections before the High Court, and contended that the defendants were not entitled to the improvements assessed in the year 1970, and that in any case the decree required modification. The cross-objection was also dismissed by the High Court subject to certain modifications in the decree. The following are certain facts which have been admitted by the parties:- Mir Ahmad father of plaintiff No. 1 Sardar Khan was thr9l occupancy tenant under section 5 of the Punjab Tenancy Act XVI of 1887. More than 50 years ago Mir Ahmad let out the right to Ilyas Khan by a registered lease-deed dated the 22nd April 1891 at an annual rent for a period of 15 years. On the termination of the lease Mir Ahmad brought a suit for possession and got a decree which was confirmed by the Judicial Commis­sioner by his order dated the 22nd November 1907, and Mir Ahmad was directed to pay Rs. 2,160 as compensation for fruit trees as a condition precedent to his obtaining possession. Ilyas died before he was dispossessed and his sons Wazir. Sardar, Nawab, Mehraban and Badshah Gul executed a sale deed dated the 12th July 1912 in favour of Bahadur for a sum of Rs. 2,500. Bahadur died on the 18th October 1942, leaving him surviving 5 sons viz.,…

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