| Case ID |
3696fc54-beef-450c-aea0-6fd6d4f9e90e |
| Body |
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| Case Number |
Civil Revision No.398 of 2010 |
| Decision Date |
Sep 30, 2013 |
| Hearing Date |
|
| Decision |
The Peshawar High Court dismissed the civil revision filed by the petitioners, who were claiming ownership of the suit-land against the respondents, who were tenants. The court found that the revenue record supported the respondents' claim to proprietary rights due to the provisions of the Khyber Pakhtunkhwa Tenancy Act, 1950, which allowed occupancy tenants to become owners without compensation if they had not been paying rent. The court upheld the findings of the lower courts and concluded that the petitioners had failed to prove their ownership claim, leading to the dismissal of the revision with no order as to costs. |
| Summary |
In the case of Civil Revision No.398 of 2010, the Peshawar High Court addressed the rights of occupancy tenants under the Khyber Pakhtunkhwa Tenancy Act, 1950. The petitioners, NAJEEBULLAH and 25 others, claimed ownership of a suit-land against the respondent, AMINUR-REHMAN, asserting that the respondents were merely tenants and could not acquire proprietary rights. The court examined the revenue records, which indicated that the respondents had acquired full ownership of the land without compensation due to their status as occupancy tenants under the relevant tenancy laws. The court highlighted the importance of the Punjab Tenancy Act, 1887, and the N.-W.F.P. Tenancy Act, 1950, in determining tenant rights and ownership claims. Ultimately, the court dismissed the petitioners' claims, reinforcing the legal protections afforded to tenants who had occupied land without paying rent. This case emphasizes the significance of understanding tenant rights in the context of evolving tenancy laws and the implications for land ownership. Keywords: tenancy rights, occupancy tenants, Khyber Pakhtunkhwa, land ownership, tenancy laws. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
IKRAMULLAH KHAN, J
|
| Lawyers |
Not available
|
| Petitioners |
NAJEEBULLAH,
25 others
|
| Respondents |
AMINUR-REHMAN
|
| Citations |
2014 SLD 1414,
2014 YLR 510
|
| Other Citations |
1989 SCMR 2012
|
| Laws Involved |
Khyber Pakhtunkhwa Tenancy Act, 1950,
Specific Relief Act, 1877,
Punjab Tenancy Act, 1887
|
| Sections |
4,
42,
5
|