| Case ID |
108e3563-d5fd-4b10-b3d6-6eee0385d5e9 |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No. 85 |
| Decision Date |
Mar 25, 1980 |
| Hearing Date |
Mar 22, 1980 |
| Decision |
The Supreme Court dismissed the petition, ruling that the petitioners, claiming to be tenants, could not seek eviction from the land in dispute through civil courts due to the provisions of the Punjab Tenancy Act. The court upheld the decision of the lower courts that the matter should have been adjudicated in a revenue court, affirming that the relationship of landlord and tenant was established, thus making the civil court's jurisdiction barred. The court clarified that the cited precedent was not applicable as it dealt with a different cause of action related to trespass. The petitioners were informed that their claim could only be properly addressed in the revenue court and that the High Court's ruling was legally sound. |
| Summary |
This case revolves around the interpretation of the Punjab Tenancy Act, specifically Section 77, which dictates the jurisdiction of civil versus revenue courts in tenancy disputes. The Supreme Court of Pakistan ruled on a petition concerning agricultural land where the petitioners claimed to be tenants and sought protection against eviction. The court found that their suit was improperly filed in a civil court and was barred by the provisions of the Punjab Tenancy Act. The ruling emphasized the importance of adhering to legal jurisdiction in tenancy matters, reiterating that such disputes are to be resolved in revenue courts. This decision underscores the significance of understanding tenant rights and the proper legal channels available for resolving disputes in agricultural tenancy cases. The case highlights crucial aspects of tenancy law and its implications for landlords and tenants alike, serving as a reference point for similar future cases. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Dorab Patel,
Nasim Hasan Shah
|
| Lawyers |
Iqbal Khalid Mina,
M. A. Qadri
|
| Petitioners |
Ghulam Nabi
|
| Respondents |
Bashir Ahmad
|
| Citations |
1981 SLD 149,
1981 SCMR 46
|
| Other Citations |
Mst. Zainab and others v. Fazal Dad and others P. L D 1966 Lah. 1050
|
| Laws Involved |
Punjab Tenancy Act
|
| Sections |
77
|