Law: Civil Procedure Code (V of 1908)

Section: 9

Law: Punjab Tenancy Act (XVI of 1887)

Section: 114

Civil Procedure Code (V of 1908),   O. I, r. 9-Landlord's appeal not to be dismissed for non joinder of other landlords in a proceeding instituted by an occupancy tenant for extinction of tenancy under S. 114, Punjab Tenancy Act (XVI of 1887).  .   ORDER   This is a second revision petition against an order of the Commissioner, Lahore Division, dated 30-5-57, confirming the order of the Collector, Sialkot, dated 13-2-57, and that of the Assistant Collector 2nd Grade, Sialkot, dated 17-4-56, whereby an application of the respondent was allowed under section 114 of the Punjab Tenancy Act, as amended by Act VII Punjab Tenancy (Amendment) Act, 1952.   I have heard Malik Muhammad Sharif, Advocate for the petitioners and Mr Mazhar-ul-Haq, Advocate for the respon dent, Mst. Mehtab Bibi etc., who are recorded as occupancy tenants under section 6 of the Tenancy Act, 1887 applied under section 114 of the Tenancy Act, for the extinction of their occupancy tenancy from certain Shamilat land in village Tulwara, Tahsil and District Sialkot. The landlords contested the appli cation on the ground that they were in possession of the land in question since long and the occupancy tenants had no rights to apply for the extinction of the occupancy rights: Mst. Mehtab Bibi etc's. application https://www.pakistanlawsite.com/Login/PrintCaseLaw?caseName=1959BR-WP91                1/3 P L D 1959 W was allowed by the Assistant Collector 2nd Grade by his order dated 7-4-56.   The landlords (the present petitioners) preferred an appeal before the Collector, Sialkot, who dismissed it on 13-2-57 on the ground that the petitioners had failed to…