| Citation(s) |
|---|
| 1992 SLG 803 1992 SLD 803 1992 SCMR 2103 |
Supreme Court of Pakistan
Civil Petitions Nos.135-P and 157-P of 1991, heard on 181h May, 1992(On appeal from the judgment/order, dated 18-12-1990 of the Peshawar High Court, Peshawar passed in W.Ps. Nos.377 of 1990 and 363 of 1989)
MUHAMMAD AFZAL ZULLAH, C.J. AND WALI MUHAMMAD KHAN, J
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Civil Petitions Nos.135-P and 157-P of 1991, heard on 181h May, 1992(On appeal from the judgment/order, dated 18-12-1990 of the Peshawar High Court, Peshawar passed in W.Ps. Nos.377 of 1990 and 363 of 1989)
MUHAMMAD AFZAL ZULLAH, C.J. AND WALI MUHAMMAD KHAN, J
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Haji JAMROZ KHAN
WAZIR MUHAMMAD and 16
Law:
Section:
(a) North-West Frontier Province Tenancy Act (XXV of 1950)--S. 56---Land Reforms Regulation, 1972 [M.L.R. 115], para 25(7)---Board of -.;3 Revenue---Power of revision---Board of Revenue possessed power of revision to satisfy itself as to the correctness, legality or propriety of s/orders passed by subordinate Revenue Courts/Revenue Officers under S.56, North-West Frontier Province Tenancy Act 1950, as also under para. 25(7), Land Reforms Regulation, 1972 [M.L.R. 115], provisions whereof overrode provisions of any other law if there was conflict between the two. Fazal Rehman and 12 others v. Board of Revenue, N.-W.F.P. and lb others PLD 1983 Pesh. 1; Haji Samad Khan v. Khalid Khan 1985 SCMR 770; Lucas v. S.M. Nasim, Member, Board of Revenue PLD 1984 SC 227 and Faiz Ahmad v. Muhammad Sharif Khan 1991 SCMR 689 ref. (b) North-West Frontier Province Tenancy Act (XXV of 1950)-- -----S. 56---Exercise of revisional powers by Commissioner ---Effect--Commissioner in exercise of revisional powers under S.56, North-West Frontier Province Tenancy Act, 1950, was not convinced about any illegality committed by two Courts below or about any misreading or non-reading of evidence by them in arriving at their conclusion about the facts of the case and thus refused to set aside s impugned before him---Board of Revenue being competent only to exercise revisional power with regard to of Commissioner, petitioner could not point out any illegality committed by Commissioner so as to justify to put the parties to further agony, mental torture and unnecessary expenses of fresh trial from the stage of Board of Revenue---Case, therefore, could not be remitted to Board of Revenue for further scrutiny in its revisional jurisdiction. (c) Constitution of Pakistan (1973)-- ----Art. 185(3)---Leave to appeal---Supreme Court was not bound to grant leave against each and every order simply because some illegality or jurisdictional error had been committed by the lower Court unless it was satisfied that such order had occasioned manifest injustice to either of the parties. Begum Shams-un-Nisa v. Said Akbar Abbasi PLD 1982 SC 413; Muhammad Baran v. Member (Settlement and Rehabilitation). Board of…
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