Law: North West Frontier Province Tenancy Act, (XXV of 1950)

Section: 2 , 49

P L D 1995 Peshawar 71 Writ Petition No.1131 of 1992, decided on 8th December, 1994. North-West Frontier Province Tenancy Act (XXV of 1950)--- ----Ss. 2(v), (vi) & 49---Constitution of Pakistan (1973), Art. 199---Suit for recovery of arrears of rent---Tenants not categorically denying status of landlords as occupancy tenants but maintaining that denial of landlords' status was determinable from revenue record---Board of Revenue found landlords disentitled to arrears of rent on the ground that land in question being Waqf property, its administration, control and management had been taken over by Provincial Government through Auqaf Department---Validity---Tenant having admitted agreement of tenancy and having been put in possession by landlords, would be bound to pay rent to landlords irrespective of whether such landlords were owners thereof, or not---Tenant in terms of S.2(v)(vi), North-West Frontier Province Tenancy Act, 1950, means a person who holds land under another person and is but for special contract liable to pay rent for that land to that person---Qualifications to become a landlord were that tenant was holding land under him and that tenant was liable to pay rent for that land to that person---Board of Revenue being at apex of hierarchy on the revenue side was required to have given determinative findings on the right of petitioners (occupancy tenants) to have their tenant-at-will ejected on ground of default in payment of rent and could also consider inter se relationship of occupancy tenants on the one hand and Auqaf Department on the other---Case was remanded to Board of Revenue for decision afresh in accordance with law after hearing all the concerned parties. SA. Waheed v. The Dayal Singh College Trust Society PLD 1955 Lah. 570 ref. Muhammad Iqbal and 52 others v. Administrator Auqaf, N.-W.F.P. and 3 others ref Date of hearing: 8th December, 1994. JUDGMENT MUHAMMAD BASHIR KHAN JEHANGIRI, J.--Kamdar Khan and six others, petitioners herein, instituted in the Court of Assistant Collector, First Grade, Takht Bhai, a suit under section 49 of the N.-W.F.P. Tenancy Act (XXV of 1950) (hereinafter called as the Act) against Qadeem Khan,…