Law:

Section:

(a) Constitution of Pakistan (1973)-----Art. 185(3)--North-West Frontier Province Tenancy Act (XXV of 1950), Ss. 23 & 40--Leave to appeal granted to the tenants to examine whether High Court, while dismissing constitutional petition filed by tenants, should not have inquired into greater depth the lawful authority of orders impugned in writ petition as required and indicated by Supreme Court in Akram and another v. Member Board of Revenue and others 1984 S C M R 1000 (b) Constitution of Pakistan (1973)-- ---Arts. 185(3) & 199--North-West Frontier Province Tenancy Act (XXV of 1950), Ss. 23 & 40--None of the Authorities or Courts had, at any stage, referred to any law for adjoining the relief claimed or for passing the orders which were passed in the case--Authorities though upheld that tenants were not liable to eviction but by reference to what law and for what reason was not clear--Deficiency being present in orders of Authorities and Courts, Supreme Court sent back proceedings to the Member Board of Revenue with direction that revision petition before Board of Revenue shall be deemed pending requiring decision by reference to the law applicable to the reliefs claimed and granted. JUDGMENT SHAFIUR RAHMAN, J.-- Leave to appeal was granted to the tenants, who are the appellants, to examine whether the High Court, Peshawar, while dismissing the constitutional petition filed by the appellants, should not have inquired into greater depth the lawful authority of the orders impugned in the writ petition as required and indicated by this Court in the case of Akram and another v. Member Board of Revenue and others (1984 SCMR 1000). 2. On the 26th November, 1979, the respondent Ali Rehman instituted a revenue suit for the recovery of Rs.2,400, the rent due; for the previous three years and for claiming the rent at the rate of Rs.2000 per Jareeb after expiry of the lease in 1976. Apart from the default alleged, it was contended that on the expiry of the lease period the tenants were liable to ejectment and further that the tenant Qadar Gul had sub-let the tenancy and he was liable to eviction on account thereof. If was also alleged that the tenant had damaged…

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