Law:

Section:

(a) Balochistan Tenancy Ordinance (XXIV of 1978)----- S.71 --- Constitution of Pakistan (1973), Art. 185(3) --- Leave to appeal was, granted to examine the point that the Commissioner was competent to pass the final order in the case and even if the appeal was not competent as such, the Commissioner's order was referable to his power under S.71. of the Ordinance, as such it was not illegal. Kala v. Board of Revenue and another PLD 1985 SC 208 and Pir Muhammad Farid Jan v. Colonisation Officer Sukkur Barrage PLD 1965 SC 399 ref. (b) Balochistan Tenancy Ordinance (XXIV of 1978)--- L-S.67(c), proviso (ii) --- Second appeal is not competent. (c) Balochistan Tenancy Ordinance (XXIV of 1978)--- ---S.71(3) --- Order Of reversal cannot be passed by the Commissioner under S.71(3) --- When Commissioner reaches the conclusion that order impugned before him was to be reversed, he can submit the record with his opinion for the orders of the Board of Revenue who would have then passed the final order. (d) Balochistan Tenancy Ordinance (XXIV of 1978)--- --- S.71(3)(4) --- Commissioner can pass order in revision under S.71(4) only in those cases which are not controlled by S.71(3) of the Ordinance. (e) Balochistan Tenancy Ordinance (XXIV of 1978)--- --- S. 71(3) & (4) --- Difference between the end result achieved either under S-71(3) or 71(4) --- When action/proceedings, order or a decree having the character of finality which is/are intended to be modified or reversed, the case will fall under S.71(3) and the Commissioner would not be competent to pass final Order but will submit the record to the Board of 'Revenue and the final order will be passed by that forum --- Barring the cases covered under S.71(3) all other cases shall fall under S.71(4) by virtue of which the Commissioner would be able himself to pass an order without submitting the case to the Board of Revenue if in his opinion it is expedient to interfere with the proceedings, or the order or, decree as the case may be. Although, prima facie, it appears as if there is no practical difference between the end result achieved either under subsection (3) or under subsection (4) of Balochistan Tenancy Ordinance,…

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