Law:

Section:

(a) North-West Frontier Province Tenancy Act (XXV of 1950)------Ss.6 & 7---Constitution of Pakistan (1973), Art.185(3)---Ejectment of lessees---Validity---Lessees having been ejected through a decree of Court, retained possession of the land by taking other legal proceedings to set aside the decree for eviction till they were physically ejected---Case was thus not one of holding over---Provision of S.7 of Act XXV of 1950 was thus correctly applied by the High Court and no exception could be taken to its action. Haji Abdul Ghaffar Khan v. Gullah Jan P L D 1952 Pesh. 50 and Shah Pasand Khan and others v. Sher Zaman Khan and others P L D 1952 Pesh. 62 ref. (b) North-West Frontier Province Tenancy Act (XXV of 1950)--- ---S.7---Constitution of Pakistan (1973), Art.185(3)---Fixation of rate of compensation---Correctness---Where rate of compensation fixed by Courts below for use and occupation of land by the lessees (whose terms had expired) was based on oral and documentary evidence produced by the parties, no exception could be taken to the same---Orders of lower Courts not shown' to be suffering from lack of jurisdiction---Leave to appeal was declined. ORDER RUSTAM S. SIDHWA, J.--This order will dispose of Civil Petitions Nos.157/P and 158/P of 1989 filed by Abdul Quddus and' another seeking leave to appeal against the order of a learned single Judge of the Peshawar High- Court dated 2-4-1989 dismissing their Writ Petitions Nos.397 and 398 of 1985. 2. The brief facts of the case are that on 14-9-1968 Abdul Quddus and another, petitioners, took on lease from Haji Zar Baz and others, respondents Nos.4 to 6, 162.1/2 jaribs of irrigated land for a period of three years on a rental of Rs.13,000 per annum. In 1970 the lease expired. The respondents asked the petitioners to vacate the land, which they did not do. Accordingly, the respondents sought ejectment of the petitioners through a suit, which was decreed on 1-8-1974. The petitioners thereafter availed of legal remedies, but were ultimately physically ejected in 1979. However, in 1977 the respondents instituted a suit against the petitioners before the Assistant Collector for recovery of produce share of suit…

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