Case Details

Citation(s)
1962 SLG = 1962 SLD 2546 = 1962 PLD 10
West Pakistan
Revision Side No. 111 of 1959-60, decided on 29th March 1961, District Hazara.  
Presented By: Nasir Ahmed, Member Board of Revenue,
Abdur Rashid for Petitioners.   Dr. Abdur Rahim for
Respondent.

ALIF DIN AND OTHERS--Petitioners  

VERSUS

  HABIB KHAN-Respondent

Law:

Section:

West Pakistan Land Reforms Regulation [(C. M. L. A's. No. 64)]-Not retrospective-Suit filed before enforcement of Regulation-Can be decreed by Court.   ORDER   The facts of the case briefly are that Habib Khan respondent- landlord filed a suit for ejectment of the petitioners tenants from the land in dispute in the Court of the Assistant Collector, 1st Grade, Mansehra. The reason given for ejectment was that the tenants were in arrears of rent and were causing trouble in payment thereof. The petitioners contested the suit and claimed occupancy rights; in any case compensation for improvements effected by them during the course of the tenancy. A decree for ejectment was passed on payment of Rs. 4,084 as compensation for improvements. Two separate appeals were filed by the parties before the Collector who rejected the appeal of the tenants but partly accepted the appeal of the respondents and reduced the amount of compensation to Rs. 2,150. The tenants then lodged a second appeal before the Additional Commissioner, again on the same pleas that they were occupancy tenants and had been paying rent regularly. An additional plea was also raised: namely that in the Meanwhile Martial Law Regulation No. 64 had come into operation and a tenant could not be ejected unless a case for non-payment of rent had been established against him. The learned Additional Commissioner held that the Martial Law Regulation in question did not have a retrospective effect as the suit had been instituted and decided before its coming into force. Regarding the question of non-payment of rent:…
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