Law:

Section:

Khyber Pakhtunkhwa Tenancy Act (XXV of 1950)--- ----S. 56---Ejectment of tenant---Second revision before Board of Revenue---Scope---Member Board of Revenue had jurisdiction to entertain second revision under S. 56 of Khyber Pakhtunkhwa Tenancy Act, 1950---Tenant, in the present case, was defaulter of payment of produce and had kept the proceedings prolonged to remain in unlawful possession on the suit property---Tenant had denied the relationship of landlord and tenant but failed to prove that someone else was his landlord---Petitioner was in possession of the suit property as a tenant from the last more than a decade without paying a single penny or any produce to the landlord---Tenant was not entitled to any relief and Board of Revenue had rightly allowed revision of the landlord---Constitutional petition was dismissed in circumstances. PLD 1986 Pesh. 67; 1985 SCMR 770 and 1992 SCMR 2103 rel. THIS JUDGMENT DELIVERED BY: MUHAMMAD NASIR MAHFOOZ, JUSTICE:---.--- Petitioner has invoked jurisdiction of this court under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 for declaring the order dated 03.09.2013 passed by respondent No. 5/Member II Board of Revenue as without jurisdiction and without lawful authority. 2. Vide the impugned order Member Board of Revenue has allowed an application of respondent No. 1, (now deceased) and represented by legal heirs, for recovery of produce for the period Rabi 2010 as well as ejectment of the petitioner from the suit property comprised in khasra Nos.1078 and 1163. Petitioner submitted reply and denied relationship of landlord and tenant and stated that another suit is also pending decision regarding the suit property filed by present respondent No. 1. Parties produced their evidence and learned trial court granted partial decree for recovery of produce and dismissed the prayer for ejectment on 02.03.2011. Both the parties challenged the order in appeal, which was allowed by the Collector and the case was remanded on 18.05.2011. Thereafter, on 28.01.2012 learned trial court decreed the whole application of respondent No. 1. Said order was challenged in appeal by present petitioner but his appeal was…

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