Law: Constitution of Pakistan, 1962

Section: 98

(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 19th February 1970, in Writ Petition No. 232 of 1970). Constitution of Pakistan (1962), Art. 98-Suit under S. 77(e)(n) of Punjab Tenancy Act, 1887 for ejectment and recovery of batai- No established relationship of landlord and tenant between parties, respondents all along disputing petitioners' title-Question of title to disputed land seriously in issue-Decision given by Member, Board of Revenue that matter was fit to be adjudicated by civil Court Held cannot be taken exception to Remedy sought by way of writ entirely misconceived and writ petition, held, rightly dismissed Punjab Tenancy Act (XVI of 1887), S. 77(e)(n). Raja Said Akbar, Senior Advocate Supreme Court instructed by Maqbool Ahmad Rana Qadri, Advocate-on-Record for Petitioners. Date of hearing : 13th April 1970. JUDGMENT SAJJAD AHMAD, J.-The petitioners are aggrieved by the decision of a Division Bench of the High Court of West Pakistan made in writ jurisdiction, refusing to interfere with the order of the Member, Board of Revenue, dated the 4th of February 1970, by which in acceptance of the revision petition filed by the respondents, it was directed that the petitioners should seek their remedy in the civil Court. The land in dispute was a part of the estate of one, Fateh Muhammad, who died in the year 1887. In the absence of any other customary heir, his step-mother Mst. Imran succeeded to his estate. She, in turn, made a gift of it to her step-daughter Mst. Hussain Bibi, the mother of respondents Nos. 2 and 3, somewhere in the years 1939 and mutation No. 1361 was attested in this behalf on the 20th of December 1939. This gift was successfully challenged in the civil Court by the predecessors interest of the petitioners and was held to be ineffective against their reversionary rights. On the death of Mst. Umran in the year 1948, her inheritance mutation was entered in favour of the petitioners and attested on the 9th of February 1963. The petitioners thereafter brought a civil suit for possession of various items of property left by Mst. Umran, against Mst. Hussain Bibi and others, but failed to…