Law:

Section:

MUHAMMAD AFZAL ZULLAH, CJ.---Leave to appeal has been sought; against the dismissal by the High Court, of a Constitutional Petition which had arisen out of proceedings which are still pending as stated, for ejectment of the petitioners/tenants from agricultural land.

According to the learned counsel a suit for eviction of the petitioners' side had been instituted under Paragraph 25(1) of the Martial Law Regulation 115 of 1972. He further stated that no progress of any significance having been made in the proceedings of the suit, the Shariat Appellate Bench of this Court by its judgment reported as Qazilbash Wakf v. Chief Land Commissioner (P L D 1990 Supreme Court 99) declared the relevant provisions of the said Martial Law Regulation as against the injunctions of Islam and accordingly were rendered ineffective from 23-3-1990. On this the petitioners' side filed the Writ Petition in the High Court without seeking any intermediary remedies provided by the law, with a view to seek annulment of the proceedings. A learned Judge in the High Court while dealing with the main argument that the law under which the suit for eviction was filed was no more in the field, observed as follows:--