Law: Punjab Tenancy Act, (XVI of 1887)

Section: 113 , 114

  Punjab Tenancy Act (XVI of 1887)--- ----Ss. 113 & 114---Occupancy tenants---Acquisition of proprietary rights-- Rent payable by occupancy tenants---Amount of land revenue, whether part of agreed rent payable by occupancy tenants to their landlords---Payment of land revenue subject to its proof, was not "other contribution or due" within contemplation of 5.113, Punjab Tenancy Act, 1887---Where occupancy tenants paid land revenue also; as part of rent, with produce rent at half rate of Batai, their case for acquisition of proprietary rights would squarely fall in Cl.(d) of S.114(2), Punjab Tenancy Act, 1887. PLD 1954 Lah. 356 and Ghulam Mehdi and 4 others v. Sultan Mahmood Khan and 2 others 1988 CLC 1498 ref. Punjab Tenancy Act (XVI of 1887)--- ----S. 114---Civil Procedure Code (V of 1908), S.100---Occupancy tenants-- Acquisition of proprietary rights---Entitlement---Deficiency of proper material prevented fair decision of controversial points---Remand of case for its reconsideration upon proper material was necessary---Case was remanded to First Appellate Court after framing additional issue to the effect whether land revenue was part of payable rent by occupancy tenants to their owners and if so; its effect upon right of occupancy tenants to acquire ownership rights in land in question---First Appellate Court was directed to take additional material from parties on added issues and deciding of appeal afresh in accordance with law.   Maulvi Anwar-ul-Haq for Appellant. Muhammad Younis Bhatti for Respondents. Date of hearing- 20th May, 1992. JUDGMENT Saidan Gul Shah and Zaman Shah sons of Tahir Shah were occupancy-tenants, in respect of one-half of the land measuring 69 Kanals, 13 Marlas, comprised in Field No.453, situated in Revenue Estate of Langer, in Tehsil Fateh Jang of which Sardar Iqbal Ahmad Khan and others were owners. Occupancy-tenants paid a half share of produce rent to the owners. Upon enforcement of Act VII of 1952 on 4-2-1952 relating to extinguishments of occupancy tenancies and conferment of ownership rights, the land falling in occupancy-tenancy of two brothers was distributed to them in proportion of the share of…