| Case ID |
04ac2684-51ab-47bd-8b76-dae7cacfa57b |
| Body |
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| Case Number |
Writ Petition No. 31 of 1982 |
| Decision Date |
Jun 05, 1982 |
| Hearing Date |
May 29, 1982 |
| Decision |
The Lahore High Court ruled that the tenant, Allah Diwaya, was liable for ejectment due to failure to pay rent, despite the pending pre-emption suit. The court found that the lower courts had erred by relying on extraneous considerations rather than the evidence of record. The petitioners had established that the respondent had defaulted in payments, which justified their claim for ejectment. The court declared the orders of the revenue tribunals to be without lawful authority, thus accepting the petitioners' writ petition. |
| Summary |
In the landmark case of Writ Petition No. 31 of 1982, the Lahore High Court addressed the complexities surrounding tenant rights under the Land Reforms Regulation of 1971. The petitioners, Niaz Ahmad and others, sought the ejectment of Allah Diwaya, who failed to pay his dues for the land he occupied. The court emphasized that while tenant protections exist, they are not absolute. The decision reinforced the importance of adhering to lawful procedures in ejectment cases, particularly when financial obligations are not met. The ruling also highlighted the necessity for lower courts to base their decisions on solid evidence rather than equitable considerations. This case serves as a pivotal reference for future disputes involving tenant rights and landlord responsibilities, particularly in the context of agricultural land disputes. Key terms include tenant rights, ejectment, landlord obligations, and judicial review. |
| Court |
Lahore High Court
|
| Entities Involved |
Mst. Ghulam Fatima,
Assistant Collector Grade 11,
Collector, Muzaffargarh
|
| Judges |
KHIZAR HAYAT, J
|
| Lawyers |
Riaz Anwar,
Syed Zafar Din
|
| Petitioners |
others,
NIAZ AHMAD
|
| Respondents |
others,
ALLAH DIWAYA
|
| Citations |
1989 SLD 354,
1989 SCMR 401,
1989 SLD 908
|
| Other Citations |
Asghar Ali and others v. Muhammad Siddig Javed and others P L D 1977 Lah. 586,
Taj Bibi v. Ijaz Hussain Shah P L D 1966 Lah. 939,
Commissioner v. Sher Muhammad 1972 S C M R 395,
Habib Khan v. Additional Settlement Commissioner. Multan 1980 S C M R 84,
Akbar, and others v. Mst. Sarwar Sultan P L D 1980 Rev. 7,
Khuda Bakhsh v. Additional Commissioner, Sargodha P L D 1980 Lah. 353
|
| Laws Involved |
Constitution of Pakistan, 1973,
Land Reforms Regulation, 1971,
Punjab Land Reforms (Procedure for Ejectment Suits) Rules, 1977
|
| Sections |
199,
MLR 115
|