| Case ID |
210ebae2-6dff-4cb6-b285-418201e0fc61 |
| Body |
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| Case Number |
Civil Petition for Leave to Appeal No.77-Q of 1995 |
| Decision Date |
Jun 17, 1996 |
| Hearing Date |
Jun 17, 1996 |
| Decision |
The Supreme Court refused leave to appeal against the decision of the High Court of Balochistan, which had dismissed the petitioners' constitutional petition regarding their claim of tenancy rights over disputed land. The court held that the Revenue Court had jurisdiction to determine the existence of the landlord-tenant relationship and that no legal defect was found in the Revenue Court's decision. The petitioners' claims were based on historical land grants and subsequent legal disputes that had been adjudicated through various levels of the Revenue hierarchy. The Supreme Court concluded that there was no merit in the petition, thereby upholding the lower court's ruling. |
| Summary |
In this landmark case before the Supreme Court of Pakistan, the petitioners, Shah Muhammad and others, contested their tenancy rights over a disputed parcel of land against Malik Abdul Rauf and others. The case revolved around historical land grants made by the British government to various Achekzai tribesmen, including the petitioners' predecessors. The core issue was whether the Revenue Court had jurisdiction to rule on the landlord-tenant relationship, which was central to the petitioners' claim. The Supreme Court's decision highlighted the jurisdictional authority of Revenue Courts under the Balochistan Tenancy Ordinance, ruling that the mere assertion of tenancy by the petitioners was insufficient to negate the established landlord-tenant relationship. The court's ruling emphasized the importance of legal processes in land disputes and affirmed the decisions made by the Revenue Courts and the High Court of Balochistan. This case underscores the challenges faced in tenancy rights disputes and the critical role of jurisdiction in determining the outcome of such cases. Keywords: tenancy rights, landlord-tenant relationship, Balochistan Tenancy Ordinance, Supreme Court of Pakistan, land disputes. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SAIDUZZAMAN SIDDIQUI,
MUHAMMAD BASHIR JEHANGIRI
|
| Lawyers |
Malik Sikander Khan,
M.W.N. Kohli,
M.K.N. Kohli
|
| Petitioners |
others,
SHAH MUHAMMAD
|
| Respondents |
others,
Malik ABDUL RAUF
|
| Citations |
1998 SLD 726,
1998 SCMR 1363
|
| Other Citations |
Not available
|
| Laws Involved |
Balochistan Tenancy Ordinance,
Constitution of Pakistan
|
| Sections |
63,
185(3)
|