Law: North West Frontier Province Tenancy Act, (XXV of 1950)

Section: 2

Law: Constitution of Pakistan, 1973

Section: 199

(a) North-West Frontier Province Tenancy Act (XXV of 1950)-- ----S. 2---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Sale of jointly possessed land---Status of tenant---Land in dispute originally was under ownership of a lady who was in "Hissadari" possession therein and petitioner was claimed to be a co-sharer in the land had been recorded as tenant under the said lady---Land in dispute having been sold by said lady to respondent by transferring all her rights, petitioner could become a tenant in terms of S.2 of North-West Frontier Province Tenancy Act, 1950---Petitioner who had claimed that he was owner through purchase of certain portion of land in dispute, could seek his remedy against vendor thereof---Where co-sharers were holding possession of defined area i.e. an area acquired through purchase which stood specified in respective mutations, notwithstanding the fact that various owners were co-sharers, but due to their definite respective titles, it would be within jurisdiction of Court to pass order of their ejectment. (b) Constitution of Pakistan (1973)-- ----Art. 199---Constitutional jurisdiction---Scope---Finding of fact by as many as three forums, could not be interfered with in Constitutional jurisdiction of High Court. JUDGMENT TARIQ PARVEZ, J.---Ikram Shah respondent instituted Suit No.49/1 against the petitioner in the Court of Revenue EAC, Mardan for produce and ejectment in respect of land measuring 57 Kanals 15 Marlas allegedly purchased by the respondent Ikram Shah from one Mst. Rahata through Mutation No.581 attested on 30-5-1996. The suit was partially decreed where prayer of .the respondent to the extent of produce for one year was allowed but ejectment was denied as it was held that the parties are co­sharers. Respondent not satisfied with the order, filed an appeal before the Collector, Mardan who on 17-3-1999 allowed the said appeal and passed the order of ejectment against the petitioner. This order was challenged by the petitioner before Additional Commissioner, Mardan which was dismissed on 10-7-1999 and similar fate meted out to the revision filed by the petitioner against the order of Member, Board of…

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