Law: Land Reforms Regulation, 1972

Section: 25

Law: West Pakistan Land Revenue Act, 1967

Section: 4(26)

  Land Reforms Regulation (1972), (M.L.R. 115)--- ----Para. 25---West Pakistan Land Revenue Act (XVII of 1967), S.4(26)---Word "tenancy"---Determining status of tenant---Tenancy is created by nature of relationship of landlord which he has with person to whom he gives land for use and occupation---Such relationship need not be organised by express contract-- Person holding land on payment of rent consisting of fixed amount of cash, was a tenant for all intents and purposes and was entitled to the benefit of para. 25, Land Reforms Regulation, 1972. Bhapoo Khan v. Noor Din and others P L D 1985 Rev. 203; Lal Din v. Bashir Ahmed 1991 S C M R 228; Said Hakeem etc. v. Shahdad etc. P L D 1988 Pesh.54 ref. West Pakistan Land Revenue Act (XVII of 1967)--- ----S. 4(26)---Transfer of Property Act (IV of 1882), S.105---Tenancy and lease- Distinction---Distinguishing factor between "tenancy" and "lease" is not the mode of payment of rent but period for which land is rented out by landlord---In case of 'lease' fixed period is stipulated while in case of "tenancy" occupier holds land tiT the same is terminated expressly or by implication. Words and Phrases-- ----Word, "lease" would imply a contract of occupation of land for a fixed term-- Word "tenancy" implied that occupier would hold land till same was terminated expressly or by implication. Land Reforms Regulation (1972), (M.L.R. 115) ----Para. 25---Constitution of Pakistan (1973), Art.199---Person holding land on payment of rent without any restriction as to period of occupation, would be a tenant having first right of pre-emption ---Finding of Board of Revenue, holding pre-emptor to be a tenant and entitled to pre-empt on such basis, suffered neither from illegality nor from jurisdictional defect and thus, did not call for interference in Constitutional jurisdiction. Ch. Muhammad Farooq for Petitioners. Syed Muhammad Zain-ul-Abidin with Sh. Muhammad Nasim for Respondents. Date of hearing: 2nd July, 1991: JUDGMENT The facts in brief are that Ramzan etc. petitioners purchased land measuring 133 Kanals and 1 Marla situate in Village Qila Chanda Singh,…