Case Details

Citation(s)
1965 SLG 4540 = 1965 SLD 4540 = 1965 PLD 48
West Pakistan
Revision No. 1030 of 1963-64, decided on 29th February 1965.
Presented By: I. U. Khan,
  Zakir Ali for Petitioners.   Abdul Rashid for
Respondents

GHULAM ABBAS NAQVI-Petitioner  

VERSUS

  AZIZ DIN-Respondent  

Law: Punjab Tenancy Act (XVI of 1887)

Section: 64(2)

Punjab Tenancy Act (XVI of 1887)-------   -----S. 64(2)-Compensation to old tenant for planting trees on land allotted to landlord petitioner-- Permission of Rehabilitation Authorities not obtained when trees planted, but such authorities not objecting to such plantations-- Consent of landlord assumed in circumstances of case-Order for payment of reasonable compensation, held, justified-West Pakistan Rehabilitation Settlement Scheme, para. 42(c) refers to bar against payment of compensation to allottees and therefore inapplicable.    ORDER   This is a second revision filed against an order dated the 26th of January 1963, passed by the Additional Commissioner, Lahore, whereby, while rejecting the revision filed by the respondent, he directed that the petitioner should bring suit of ejectment against the respondent for non-payment of rent.   The facts of the case are that the Assistant Collector, IInd Grade, ordered the ejectment of the respondent. The respondent went in appeal to the Collector but it was dismissed. He then filed a revision before the Additional Commissioner who while exercising powers of the Commissioner, passed the order mentioned above. Hence this second revision.   I have heard the learned counsel for the parties. It is true that under para. 42(c) of the West Pakistan Rehabilitation Settlement Scheme, an allottee can plant trees on the…
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