| Case ID |
0bccef42-da27-420d-b3fa-e910a5b01252 |
| Body |
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| Case Number |
Writ Petition No. 1234 of 2011 |
| Decision Date |
Jan 21, 2011 |
| Hearing Date |
|
| Decision |
The writ petition was dismissed as the petitioners failed to establish that the earlier orders were illegal or unwarranted. The concurrent findings of the revenue courts indicated that the petitioners were tenants who defaulted on rent payments. The court confirmed the legality of the orders passed by the revenue authorities and upheld the right of landlords to seek both arrears of rent and ejectment in one suit. The relationship of landlord and tenant was admitted, and the objections raised by the petitioners had already been considered in previous proceedings. |
| Summary |
In the case of Writ Petition No. 1234 of 2011 before the Lahore High Court, the petitioners, CH. MUHAMMAD TARIQ and ALLAH RAKHA, challenged the orders of the revenue courts concerning their tenancy rights and arrears of rent. The petitioners argued that the suits for ejectment and recovery of arrears were not maintainable simultaneously. However, the court found that the revenue authority was competent to hear the matter, and there was no legal bar to seeking both remedies in one suit. The court emphasized the importance of concurrent findings by lower courts and noted that the relationship of landlord and tenant was not in dispute. Consequently, the writ petition was dismissed, reaffirming the authority of the revenue courts in matters of tenancy disputes. This case highlights the legal principles surrounding landlord-tenant relationships and the procedural aspects of revenue law in Pakistan. Keywords include landlord-tenant relationship, revenue courts, tenancy disputes, legal authority, and constitutional jurisdiction. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
CH. MUHAMMAD TARIQ
|
| Lawyers |
Ch. Iqbal Ahmad Khan
|
| Petitioners |
ALLAH RAKHA,
CH. MUHAMMAD TARIQ,
Othes
|
| Respondents |
others,
MEMBER (J-I), BOARD OF REVENUE, PUNJAB, LAHORE
|
| Citations |
2012 SLD 426 = 2012 CLC 217
|
| Other Citations |
2009 MLD 501
|
| Laws Involved |
West Pakistan Board of Revenue Act, (XI of 1957),
Constitution of Pakistan, 1973
|
| Sections |
7,
8,
199
|