Law:

Section:

North-West Frontier Province Tenancy Act (XXV of 1950)--S. 4---Hazara Forests Act (III of 1936), S.27(2)---Constitution of Pakistan (1973), Art.18S(3)---Leave to appeal was granted to examine whether the dictum of Supreme Court in Sujawal Shah and another v. Syed Rahim Shah and others PLD 1975 SC 325 was correctly applied to the cases under examination. Sujawal Shah and another v. Syed Rahim Shah and others PLD 1975 SC 325 ref. (b) Hazara Forests Act (III of 1936)-- ----Ss. 27(2), 12(2) & 2(o)---North-West Frontier Province Tenancy Act (XXV of 1950), Ss. 4 & 85---General Clauses Act (X of 1897), S. 8---West Pakistan General Clauses Act (IV of 1956), S.7---Entries of Wajib-ul-Arz get statutory recognition and force on the strength of the definition of "waste land" contained in S.2(o) and S.12(2), Hazara Forests Act, 1936---Entries of the Wajib--ul-Arz bind the parties and Wajib-ul-Arz has to be treated for the purposes of S.8, General Clauses Act, 1897 as an "instrument". (c) General Clauses Act (X of 1897)-- ----S. 8---West Pakistan General Clauses Act (IV of 1956), S.7---Word "instrument"---Definition. Black's Law Dictionary ref. (d) Words and phrases--- ......Instrument"---Meaning. Black's Law Dictionary ref. (e) North-West Frontier Province Tenancy Act (XXV of 1950)-- ----Ss. 4, 85 & Preamble---General Clauses Act (X of 1897), SS ---West Pakistan General Clauses Act (IV of 1956), S.7---Occupancy tenancy---Wajib-ul-Arz-- ­North-West Frontier Province Tenancy Act, 1950 not only repealed but re­ enacted after consolidation, the various tenancy laws under which the occupancy tenancies were recognized and was clearly a case of repeal, followed by re­ enactment---Any reference to the occupancy tenancy in any other earlier law would, therefore, necessarily bring back such occupancy tenants as under the re­ enacted law had become owners---Transformation would not on the strength of provisions of the General Clauses Acts affect their rights as occupancy tenants which were recognized or created by such reference to repealed Act, in the Wajib-ul-Arz and under the said Tenancy Act. (f) Hazara Forests Act (III of 1936)-- ----Ss. 27(2) & 12(2)---North-West…

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