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

Section: 49 , 199

  North-West Frontier Province Tenancy Act (XXV of 1950)--- ----S. 49---Constitution of Pakistan (1973), Art. 199---Constitutional petition-- Respondents being co-sharers in land in question, were granted decree of specified amount in lieu of produce to which they were-found entitled to the extent of their share---Decree in question, was maintained up to the level of Board of Revenue---Validity---Petitioners' contention that the respondents were also in possession of some property belonging to their (petitioners') share and they were not paying any produce to them, so unless they had accounted for the same, they were not entitled to decree of produce in respect of property in question---Suit for payment of produce being not a suit for rendition of accounts, petitioners would also bring suit for recovery of produce if they were so entitled and if so advised ---Petitioners' other contention that preliminary decree was a prerequisite in such suit was not correct for suit was simply for share of produce and not for rendition of accounts---Even such objection being technical, should have been raised before revenue forums below and same could not be raised for the first time in Constitutional petition---Constitutional petition against concurrent findings of Tribunal below being incompetent was dismissed in circumstances. Saadullah Khan for Petitioners. ORDER MIAN SHAKIRULLAH JAN, J.---After having failed to achieve their aim before the hierarchy of revenue forums, the petitioners have invoked the. Constitutional jurisdiction of this Court for the redress of their grievances and for setting aside the impugned judgments and decree of the Revenue Courts which have been passed against them. The facts in brief giving rise to this writ petition are that respondents 1 to 7 instituted a suit for recovery of produce in the tune of Rs.10,000 of the land fully detailed in the heading of the plaint, from `Kharif 1984 to `Rabi' 1987, for a period of three years. According to the respondents .they are co-sharer to the extent of 1/3rd ,with the petitioners and which was in cultivative possession of the petitioners and the respondents were not being paid the…