Law:

Section:

Balochistan Tenancy Ordinance (XXIV of 1978)--S. 63---Constitution of Pakistan (1973), Art. 185(3)---Claim of right of tenancy by petitioners---Question of title---Jurisdiction of Revenue Courts--­Scope---Jurisdictional fact, namely, the existence of the relationship of landlord and tenant between the parties was to be determined and decided by Revenue Court, which had the initial jurisdiction to take cognizance of the matter--­Revenue Court, however, could not, on the mere assertion of the petitioners claiming to be tenants,, hold that the relationship of landlord and tenant did not exist---No defect in assuming jurisdiction or in deciding a jurisdictional fact by Revenue Court having been. found, leave to appeal to Supreme Court was refused against such order. Malik Sikander Khan, Advocate Supreme Court and M.W.N. Kohli, Advocate-on-Record for Petitioners. M.K.N. Kohli, Advocate-on-Record for Respondents. Date of hearing: 17th June, 1996 ORDER MUHAMMAD BASHIR JEHANGIRI, J.---The petitioners seek leave to appeal against the judgment of the High Court of Balochistan, Quetta, whereby their Constitutional petition challenging the decision of the Court in the Revenue hierarchy was dismissed. The petitioners' claim briefly stated is that the disputed land alongwith some other parcels thereof was developed by the Government and was being irrigated by Band Khushdil Khan. The erstwhile British Government gave this land to the various Achekzai tribesmen including the predecessor-in-interest of the petitioners and thereafter, the petitioners. In this background, they claimed the rights of tenancy in the said Government lands. The grievance of the petitioners expressed in the petition was that during the settlement operation of 1941, the respondents' great grandfather got his name entered in the Revenue Record as a tenant. In the year 1947, the great grandfather of the private respondents filed a suit under the Frontier Crimes Regulation which was contested by the predecessor-in-interest of the petitioners. It was, however, ultimately decreed in favour of the respondent's great grandfather. In the meantime the dispute over the possession between the parties gave rise to…

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