| Citation(s) |
|---|
| 2014 SLG 2624 2014 SLD 2624 2014 CLC 185 |
Peshawar High Court
Writ Petition No. 921 of 2005, decided on 6th June, 2013.
ASSADULLAH KHAN CHAMKANI AND MUHAMMAD DAUD KHAN, JJ
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Writ Petition No. 921 of 2005, decided on 6th June, 2013.
ASSADULLAH KHAN CHAMKANI AND MUHAMMAD DAUD KHAN, JJ
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MUHAMMAD AKBAR KHAN and anothers
VS
MUHAMMAD NAEEM KHAN and 6 others
Law:
Section:
Constitution of Pakistan--- ----Art. 199---Constitutional petition---Scope---Lease of land---Default in payment of lease money---Order for ejectment of tenants---Validity---Tenancy existed between the parties---Defendants neither produced any receipt nor any person to prove payment of lease money or produce---Suit-land had been sold in favour of plaintiffs---Plaintiffs were landlords whereas defendants were tenants who were defaulters and were liable to be ejected---Objection with regard to non-framing of issues had been raised for the first time before the High Court in constitutional jurisdiction and was never raised before the appellate, revisional or review forum---Such objection was meaningless as both the parties had adduced their evidence as they wished---Constitutional jurisdiction conferred on the High Court was of extraordinary nature which was not for interference with the matter pertaining to the exclusive domain of tribunal or statutory forum unless it was shown that order, action or inaction was in violation of any provision of law or without lawful authority or jurisdiction---Defendants had failed to make out a case for the indulgence of the High Court in its extraordinary jurisdiction---No jurisdictional error, illegality or irregularity was found in the impugned judgments/orders---Constitutional petition was dismissed. Fazal Muhammad Bhatti and another v. Mst. Saeeda Akhtar and 2 others 1993 SCMR 2018 and Eada Khan v. Mst. Ghemwar and others 2004 SCMR 1524 rel. JUDGMENT MUHAMMAD DAUD KHAN, J.--- Through this writ petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioners have challenged the orders of hierarchy of Revenue Court i.e. respondents Nos.4 to 7 in the petition. 2. Necessary facts of the instant petition are that the respondents/plaintiffs filed a suit for produce and ejectment of petitioners/defendants in respect of land bearing Khasra Nos.491, 492, 494, 500, village Sakhakot on the basis of landlord/purchased owners and the petitioners/defendants were defaulting tenants of the land. 3. The petitioners/defendants denied the allegations and contested the suit by submitting the written…
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