Case Details

Citation(s)
1981 SLG 3294 = 1981 SLD 3294 = 1981 CLC 1208
Lahore High Court
Writ Petition No. 11605 of 1980, decided on 27th April, 1981.
Presented By: Muhammad Zafarullah, J
Ch. Mushraq Ahmad for Petitioner. Ch. Muhammad Naeem for
Respondents.

MUHAMMAD SHAFI-Petitioner

VERSUS

MEMBER, BOARD OF REVENUE ETC.-Respondents

Law: Punjab Tenancy Act (XVI of 1887)

Section: 13(1)

Law: Constitution of Pakistan 1973

Section: 199(1)(a)(ii)

(a) Punjab Tenancy Act (XI of 1887) S. 13(1)-Commutation and alteration of rent-.-Petitioner obtaining part of land in mortgage-Subsequently, mortgaged land redeemed and petitioner's sons purchasing it - Respondent pre-empting sale and obtaining Malkana possession thereof-Petitioner however, continuing in possession of land throughout as tenant-Held, change in lagan from cash rent to batai in violation of S. 1.3 of Tenancy Act, 1887, and therefore illegal. (b) Constitution of Pakistan (1973)…
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