| Citation(s) |
|---|
| 1966 SLG 4997 = 1966 SLD 4997 = 1966 PLD 104 |
West Pakistan
Revision No. 773 of 1964-65, decided on 23rd April 1965.
Presented By: I. U. Khan,
Gohar Rehman and Said Muhammad for Petitioners. Abdur Rashid for
Respondents.
Revision No. 773 of 1964-65, decided on 23rd April 1965.
Presented By: I. U. Khan,
Gohar Rehman and Said Muhammad for Petitioners. Abdur Rashid for
Respondents.
Sh. NOOR MUHAMMAD AND OTHERS-Petitioners
VERSUS
MUHAMMAD ZAMAN AND OTHERS-Respondents
Law:
Section:
Practice-Two suits, one in Revenue Court and other in Civil Court, pending between same parties regarding, same matter- Proceedings in Revenue Court be stayed. ORDER This is a revision filed against the order, dated the 13th of February 1965, passed by the Additional Commissioner (Revenue) who while exercising the powers of Commissioner, set aside the orders passed by the Assistant Collector 1st Grade and directed that proceedings of ejectment be stayed pending the decision of the Civil Court on the question of title. The facts of the case are that the petitioner brought a suit for the ejectment of the respondents, who denied that there existed any relationship of landlord and tenant between the parties and stated that they had already filed a Civil suit for the determination of the question of title. It was prayed that proceedings in the Revenue Court might be stayed. This request was rejected by the Assistant Collector 1st Grade. The respondents filed a revision before the Additional Commissioner who passed the order mentioned above. I have heard the learned counsel for the parties. So far as the direction for instituting within the prescribed period, a suit in the Civil Court is concerned, the provisions of section 70 of the N.-W. F. P. Tenancy Act 1950 are quite clear. There is no provision, however, which would be directly applicable to cases where a civil suit in the Civil Court had already been filed. In this particular case I find that one party had gone to a Revenue Court and the…