Case Details

Citation(s)
1979 SLG 327 1979 SLD 327 1979 PLD 410
Lahore High Court
Intra-Court Appeal No. 50 of 1976, decided on 18th February 1979. Date of hearing: 4th December 1978.
AFTAB HUSSAIN AND M. S. H. QURESHI, J
Malik Muhammad Afzal for Petitioner. Muzaffar Qadir for
Respondent No. 1. M. M. Saeed Beg for
Respondents Nos. 2 and 3.

AHMAD DIN

VS

KHUSHI MUHAMMAD AND 2 others

Law: Land Reforms Regulation, 1972

Section: 2(7),25

(a) Land Reforms Regulation, 1972 [M. L. R. 115]----Para. 25--Tenancy-Protection of tenure and possession-Contesting respondent never a tenant of Thal Development Authority Utmost claim of such respondent being to have been a tenant of succeeding allottees and to have also become a tenant of appellant Contesting respondent, however, not even a tenant of appellant for reason of no such agreement of tenancy having been pleaded Reliance on Khasra Girdawari in support of plea of tenancy-Not sufficient to establish tenancy-Contesting respondent even if a subtenant of former allottees his right to hold land ceased with cancellation of allotment of allottees-Contesting respondent neither being a tenant of appellant, protection of para. 25, held, not available to respondent-Even otherwise, held further, para. 25 not applicable to tenants of Thal Development Authority. (b) Land Reforms Regulation, 1972 [M. L, R. 115]---Para. 2(7)--Word "person"-Held: Does not include, inter alia, a body incorporated by a Central or Provincial law-Thal Development Authority being a body incorporated under a Provincial Act not a person within meaning of Martial Law Regulation 115 of 1972.-[Words and phrases]. (c) Land Reforms Regulation, 1972 [M. L. R. 115]-------- Para. 25-Tenant-Protection of tenure -Definition of tenant as made applicable to para. 25 requiring landlord to be a person and Thal Development Authority being not a person, contesting respondent even if a tenant under such Authority, held, could not claim to be a tenant within meaning of para. 25 and could not claim protection of tenure under such para. Writ Petitions Nos. 1475 of 1972, 583 of 1971, 955 of 1970, 496 of 1971, 83 of 1971, 1653 of 1972, 627 of 1971, 652 of 1971, 575 of 1971, 633 of 1971, 787 of 1971 and 593 of 1971 (unreported) ref. THIS JUDGMENT DELIVERED BY: AFTAB HUSSAIN, JUSTICE------------ This is a respondent's appeal against the order of acceptance of Writ Petition No. 860 of 1976 dated 6-5-1976. 2. Respondent No. 1 was in possession of agricultural land measuring eight acres in Chak No. 122/T. D. A. Tehsil Leiah, District Muzaffargarh from Kharif 1964 as a tenant of various allottees from the Tbal…
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