Law: West Pakistan Land Revenue Act, (XVII of 1967)

Section: 80

Law: Contract Act, 1872

Section: 42,146

Law: Constitution of Pakistan, 1973

Section: 199

(a) West Pakistan Land Revenue Act (XVII of 1967) S.80 Constitution of Pakistan (1973), Art. 199 Constitutional petition Recovery of arrears of land revenue Misuse of authority High Court can interfere in the misuse of authority by public functionaries and can look into the legality of the demand being made for the payment of amount as arrears of land revenue. (b) Contract Act (IX of 1872)--Ss. 42 & 146 West Pakistan Land Revenue Act (XVII of 1967), S.80 Constitution of Pakistan (1973), Art.199 ¬Constitutional petition Recovery of arrears of land revenue without determination by Court of competent jurisdiction ¬Joint liabilities of two guarantors Petitioner and one other person stood surety for the Bank loan received by the loanee Recovery of the loan was initiated by the Authorities as arrears of land revenue Petitioner had paid half the amount of the loan but the Authorities were employing coercive measures against the petitioner for the recovery of the whole amount Validity Where there were two guarantors of one loanee, under the provisions of Contract Act, 1872, the half loan had to be paid by one of the guarantors Petitioner, in the present case, had already paid the amount for which he stood guarantor and he could not be held responsible for the payment of loan due from the other guarantor for which the petitioner had not given any guarantee or security Action taken by the Authorities was misuse of authority for the reason that the petitioner stood surety for amount which had been obtained by the loanee ¬Coercive method could not be adopted, against the petitioner under the provisions of West Pakistan' Land Revenue Act, 1967, unless the amount was determined by a Court of competent jurisdiction that could be recovered from the petitioner Proceedings initiated without determination of amount by a Court of competent jurisdiction by Authorities were illegal and unlawful High Court restrained the Authorities from recovering the disputed amount from the petitioner unless the amount due was determined from the Court of competent jurisdiction Constitutional petition was allowed in circumstances. Pehalwan v. Manager, A.D.B.P. and another PLD 1993 Lah. 525;…

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