Case Details

Citation(s)
1965 SLG 4483 = 1965 SLD 4483 = 1965 PLD 18
West Pakistan
Revision No. 2 of 1964-65, decided on 6th May 1965.
Presented By: I. U. Khan
Dost Muhammad Kamil for Petitioner.   Muhammad Jamshed Khan for
Respondents Nos. 1 and 2.   Abdul Majid Advocate for the Legal Representative:  

MUHAMMAD YUSUF-Petitioner  

VERSUS

  SAWAB GUL AND OTHERS--Respondents

Law: N.W. F. P. Tenancy Act (XXV of 1950)

Section: 49(3),49(k)

N.W. F. P. Tenancy Act (XXV of 1950)------   ------S. 49(3) (k)-Land lord and tenant-Tenants paying rent to allottee landlord who had given land on lease for 4 years, to petitioner by registered lease deed which had not been acted upon in revenue record-Petitioner, held, had no remedy against tenants under Act.   ORDER   This is a second revision filed against an order dated the 30th of March 1964, passed by Additional Commissioner, Peshawar, whereby the revision preferred by the petitioner was dismissed.   The facts of the case are that the land in dispute was evacuee property which was allotted to one Baqir Ali Shah, Respondents Nos. 1 and 2 were tenants of the non-Muslim owners but, after the land had been allotted to Baqir Ali Shah, they continued to cultivate the land and paid rent to Baqir Ali Shah. The petitioner alleged that, by means of a registered deed, Baqir Ali Shah gave lease of the land in dispute from 1st January 1959 to 31st of December 1962. Rs. 300 were paid to Baqir Ali Shah but the lease was never acted upon in the revenue records. The petitioner brought a suit for recovery of rent and ejectment of respondents Nos. 1 and 2 before…
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