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Punjab Tenancy Act (XVI of 1887)-------Ss. 77(2)(i), (3) & 4(5)---Civil Procedure Code (V of 1908), O.VII, R.10---Suit between landlord and tenant arising out of the lease and condition on which tenancy was held---Interpretation of S.77, Punjab Tenancy Act, 1887---Jurisdiction of Civil Court---Scope---Civil Court having no jurisdiction in the matter, instead of dismissing the suit, it return the plaint for presentation to the Collector under O.VII, R.10, C.P.C. Muhammad Hafeez v. Additional Commissioner (Revenue), Sargodha and others 1981 SCMR 1171 ref. JUDGMENT The judgments of the Courts below are at variance and through this civil revision, the findings handed down by the learned Additional District Judge, Sargodha vide his judgment, dated 19-6-1988 are assailed. Whereby, he set aside the judgment and decree given by the learned trial Court presided over by Mr. Muhammad Naseem Akhtar, Civil Judge, 1st Class, Sargodha, dated 7-11-1987 in Civil Suit No.608 of 1987. 2. Briefly the case of the plaintiff was for recovery of Rs.24,700 relating to a property which is, agricultural land and measures about 134-1/2 Kanals located in Chak No. 154/NB, Tehsil Sargodha. This was leased out on 15-6-1984 and until 15-6-1984 for a consideration of Rs.9,500. It was said that the defendant paid Rs.1,000 in advance while the remaining lease money had to be paid through instalments ending on 30-6-1983. In case of default, the defendant had to pay additionally a sum of Rs.2,000 alongwith residual rent by 31-10-1983. The parties entered into an agreement which further indicated that no damage was to be caused to the standing trees. And that if terms were violated, further amount was to be paid as penalty. Fixing a quantum of Rs.24,700 for the suit thus was not for rent of ,the land but also against violations and damage to the property. 3. The defendant claimed Rs.7,500 as set off which, according to him, he had spent on the plantation etc. On the divergent claims of the parties, following-issues were framed:-- (1) Whether the plaintiff has got no cause of action to file this, suit? OPD (2) Whether the plaintiff is estopped by her conduct to file the present suit? OPD (3)…

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