| Citation(s) |
|---|
| 1984 SLG 362 1984 SLD 362 1984 SCMR 73 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 247 of 1978, decision dated: 18-06-1978 (On appeal from the order- dated 25-2-1978 of the Lahore High Court, Passed in R. F. A. No. 67 of 1965)
DORAB PATEL AND NASIM HASAN SHAH, JJ
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Civil Petition for Special Leave to Appeal No. 247 of 1978, decision dated: 18-06-1978 (On appeal from the order- dated 25-2-1978 of the Lahore High Court, Passed in R. F. A. No. 67 of 1965)
DORAB PATEL AND NASIM HASAN SHAH, JJ
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GHULAM FATIMA AND others
VS
. RAHIM BAKHSH AND others--Respondents
Law:
Section:
Constitution of Pakistan (1973)---- Art. 185(3)-Punjab Tenancy Act (XVI of 1887), S. I 14(2) (G)(4)-Leave to appeal granted to consider question whether High Court rightly declared ownership of occupancy tenants to an extent greater than that ordained by law when occupancy tenants, on getting proprietary rights under section 114(2), Punjab Tenancy Act, 1887 could only be declared owners to so much of land comprised in their tenancy as corresponded to their share of produce. Kamal Mustafa Bokhary, Advocate instructed by Muhammad Aslam Chaudhry, Advocate-on-Record for Petitioners. Hamid Aslam Qureshi, Advocate-on-Record for Respondents. Date of hearing: 18th June, 1978. ORDER NASIM HASAN SHAH, J. -This is a petition for leave to appeal against the judgment and decree of the Lahore High Court in R. F. A. No. 67 of 1965, passed on 25-2-1978, whereby the trial Court's decree under appeal was set aside and the respondents' suit decreed only to the extent of 1525/1920 share of the land in dispute. The relevant facts stated very briefly are that respondents 1 to 21, who were occupancy tenants, filed a suit for a declaration that they are owners of the entire agricultural land measuring 693 kanals 16. Marlas in village Ferozepur, District Multan a relief for perpetual injunction was also sought. The trial Court, however, declared them to be the owners of 483/2243 share in the suit property while of the remaining 1760/2243 share- the petitioners landlords were held to be the owners. The respondents aforesaid preferred an appeal (R. F. A. No. 67 of 1965) before the Lahore High Court and a learned Judge was pleased to vary the decree in their favour declaring them owners of 1525/1920 share. The suit against Karam Din defendant, whose legal representatives are impleaded in the, petition for leave to appeal before us as respondents 25 and 26, was dismissed by the High Court because his legal representatives were not impleaded within time.…
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