| Citation(s) |
|---|
| 1984 SLG 240 1984 SLD 240 1984 PLD 227 |
Supreme Court of Pakistan
Civil Appeal No. 244 of 1983, decision dated: 20-11-1983.
MUHAMMAD HALEEM, ACTG. C.J., ASLAM RIAZ HUSSAIN, MUHAMMAD AFZAL ZULLAH AND M. S. H. QURAISHI, JJ
Khawaja Mushtag Ahmad, Advocate-on-Record for Appellants.Ch. Bashir Ahmad Khan, Advocate Supreme Court and Sh. A. Karim, Advocate-on-Record (absent).
Civil Appeal No. 244 of 1983, decision dated: 20-11-1983.
MUHAMMAD HALEEM, ACTG. C.J., ASLAM RIAZ HUSSAIN, MUHAMMAD AFZAL ZULLAH AND M. S. H. QURAISHI, JJ
Khawaja Mushtag Ahmad, Advocate-on-Record for Appellants.Ch. Bashir Ahmad Khan, Advocate Supreme Court and Sh. A. Karim, Advocate-on-Record (absent).
LUCAS alias LUCI AND othersvsS. M. NASIM, MEMBER (REVENUE), BOARD OF REVENUE PUNJAB, LAHORE AND ANOTHER
Law:
Section:
(a) Constitution of Pakistan (1973)-- Art. 185(3)-Leave to appeal granted to resolve conflicts between two s of same High Court. Link (b) Punjab Protection and Restoration of Tenancy Rights Act (XIII of 1950)- -- Ss. 3 & 4-Tenant-at-will, ejectment of-Procedure-Ejectment could not take place without affirmative finding regarding grounds) of ejectment specified by Act-Ejectments under process, without proof of any such grounds) through instrumentality of notices only, should be stayed and nullified. Link (c) Punjab Tenancy Act (XVI of 1887) --- Ss. 42(b) & 45-Punjab Protection and Restoration of Tenancy Rights Act (XIII of 1950), Ss. 3 & 4-Tenant-at-will, ejectment of Procedure-Tenant unless liable to be ejected and on specified ground(s) as provided in S. 3, Punjab Protection ,and Restoration of Tenancy Rights Act, 1950, could not be ejected merely on landlord's will. Link (d) Punjab Tenancy Act (XVI of 1887) .-= Ss. 42 & 45-Punjab Protection and Restoration of Tenancy Rights Act (XI11 of 1950), Ss. 3 & 4-Land Reforms Regulation, 1972 (M. L. R. No. 115), para. 25 - Tenant-at-will, ejectment of Protection-Historical progress of laW- on--subject-Procedural change made by Land Reforms Regulation, 1972, para. 25-Althougb tenant, under Punjab Protection and Restoration of Tenancy Rights Act, 1950 could be ejected on specified ground(s) through an application made before a Revenue Officer, it was mandatory under Land Reforms Regulation, 1972 that a suit for ejectment of tenant shall have to be filed in revenue Court in accordance with Punjab Land Reforms Rules, 1977-Method of ejectment of tenant either under Punjab Tenancy Act, 1887 or Punjab Protection and Restoration of Tenancy Rights Act, 1950 through a Revenue Officer was done away with-Tenant afforded better forum namely, a Court to protect his tenancy with further safeguards under para. 25, Land Reforms Regulation, 1972. Link (e) Punjab Tenancy Act (XVI of 1887) Ss. 39 to 45-Import of Ss. 39 to 45 analysed giving true picture of law on subject prior to enactment of Punjab Protection and Restoration of Tenancy Rights Act, 1950, Ss. 3 & 4 and Land Reforms Regulation, 1972, para. 25. Link (f ) Punjab Tenancy Act…
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