Law:

Section:

FAZAL ELAHI KHAN, J.---This Constitutional petition under Article 199 of the-Constitution of Islamic Republic of Pakistan by Faridoon is directed against the judgment and order dated 3-12-1)89 passed by respondent No.4, whereby he after setting aside the orders of respondents 1 to 3 dismissed the plaintiff's suit for produce and ejectment filed against respondents 5 to 7 herein.

2.  Facts of the case briefly stated are that Faridoon, petitioner, brought the present suit on 27-12-1983 for the recovery of Rs.10,000 or whatever amount is found due as share of produce/lease amount in respect of land measuring 35 kanals bearing Khasra Nos.1657, 1658, 1660 and 1661 situated in Mauza Gujrat Tehsil and District Mardan for the period Kharif 1978 to Rabi 1981. It was alleged in the plaint that defendants cultivated the suit land during the said period but did not pay the lease amount. It was further alleged that though previously the lessee was paying a nominal lease amount but he was entitled to lease amount at the rate of Rs.10,000 per jarib per annum which was the prevailing rate in the area during the said period.