Law: Civil Procedure Code (V of 1908)

Section: 47,O.XXXVII,First Schedule

Law: Civil Procedure Code (V of 1908)

Section: 47,O.XXXVII,First Schedule

Law: Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)

Section: 2

Law: Modaraba Companies and Modaraba (Floatation and Control) Ordinance, 1980

Section: 28(2),28(1),2(h),24,25(a),26

(a) Modaraba Companies and Modaraba (Floatation and Control) Ordinance (XXXI of 1980)-------Ss. 2(h), 25, 26 & 28(2)---Civil Procedure Code (V of 1908), S.47---West Pakistan Land Revenue Act (XVII of 1967), Ss.4(2)(14), 79, 80 & 81---Money decree, execution of---Objection petition under S.47, C.P.C. by -debtor that Modaraba Tribunal lacked jurisdiction to execute such decree as same was executable by Collector as arrears of land revenue---Validity---Land revenue being a kind of rent imposed by State and payable by landowner, which if remained unpaid would become arrears of land revenue---Procedure for recovery of land revenue was provided under Ss.79 to 81 of West Pakistan Land Revenue Act, 1967, but not for recovery of decretal amount---Impugned decretal amount was an outcome of dispute arisen out of a business agreement between two parties having no nexus with land---State was not party in such agreement, thus, decretal amount could not be termed as land revenue and -debtor could take refuge under Ss.79 to 81 of the Act---Word "as" used in S.28(2) of Modaraba Companies and Modaraba (Floatation and Control) Ordinance, 1980 and omission of word "Collector" therefrom would denote that decretal amount would be recoverable by Tribunal as arrears of land revenue, but not by Collector---Tribunal could exercise all powers available to Collector under S.80 of the West Pakistan Land Revenue Act, 1967---Tribunal being a court had option to execute its decree either under O.XXXVII, C.P.C. or by adopting procedure under West Pakistan Land Revenue Act, 1967---Tribunal once having opted to execute its decree under C.P.C. could not adopt procedure under West Pakistan Land Revenue Act, 1967 and vice versa---Objection petition was dismissed in circumstances. Maj. Mehtab Khan v. The Rehabilitation Authority and another PLD 1973 SC 451; First Grindlays Modaraba v. Pakland Cement Ltd. and 2 others 2000 CLC 2017; Tanveer Hussain v. Divisional Superintendent, Pakistan Railways and 2 others PLD 2009 SC 249; Tahir Farooq v. Judge Family Court and others 2002 MLD 1758 and Enmay Zeb Publications (Pvt.) through Director-General v. Sindh Labour Appellate Tribunal through Chairman…

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