Case Details

Citation(s)
1983 SLG 252 1983 SLD 252 1983 SCMR 287
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No. 183/P of 1982, decision dated: 19th December; 1982.(On appeal from the judgment and order of the Peshawar High Court dated 19 10 1982 in W. P. No: 249/82)
SHAFIUR RAHMAN AND MIAN BURHANUDDIN KHAN, JJ
Tariq Jamal, Advocate Supreme Court of Pakistan for Petitioners. Nemo for
Respondents

SHAMROZ AND ANOTHERS

VS

ASSISTANT COLLECTOR AND OTHERS

Law:

Section:

Constitution of Pakistan (1973)-- Art. 185(3) read with West Pakistan Urban Rent Restriction Ordi¬nance (VI of 1959), S. 1.3(2) Ejectment on ground of default in pay¬ment of rent Courts below holding that tenant in fact made default in payment of lease money and that deposit of amount subsequent thereto could not condone default Leave to appeal refused. ORDER MIAN BURHANUDDIN KHAN, J. Leave is sought to appeal against the judgment and order of the Peshawar High Court dated 19 10 1982 in Writ Petition No. 249 of 1982. 2. Petitioners as tenants were ejected by the Assistant Collector, First Grade, Dargai on the ground of non payment of arrears of lease money to respondent Dawa Khan in respect of crops of Rabi and Kharif, 1979, vide his order dated 15 4 1981. Petitioners filed appeal before the Collector, Malakand Agency which failed. A revision petition was then filed before the Additional Commissioner (Revenue) Malakand Division, Swat, who vide his judgment dated 28 10 1981 rejected the same. Petitioners then filed second revision before the Member, Board of…
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