| Case ID |
e8e3456e-5463-4b7f-bd1f-f6ddd47d777c |
| Body |
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| Case Number |
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| Decision Date |
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| Hearing Date |
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| Decision |
The case was decided by M Z. Khan, a member of the Board of Revenue. The petitioner, FAQIR MUHAMMAD, contended that he was not the sole tenant of the land in question and that Abdul Razaq was also a tenant. However, the evidence presented, including Khasra Girdawari and the Collector's report, indicated that the petitioner was the only one cultivating the land during the relevant period. The petitioner argued that he was paying six times the land revenue until 1951-52 and had previously paid Rs. 60 per annum as chakota to the evacuee landlords. This argument was dismissed as it contradicted paragraph 18 A of the West Pakistan Rehabilitation Settlement Scheme, which stipulates that a tenant must pay rent according to the local 'Batai' rate, not exceeding 50% of the produce. The petitioner's claim that the land was allotted to the respondent after the relevant period was also rejected, as the land was allocated to the respondent on May 26, 1956. Consequently, the petition was rejected in limine. |
| Summary |
This case revolves around the tenancy dispute between FAQIR MUHAMMAD and MST. RAHMI concerning land cultivated by the petitioner. The Board of Revenue, represented by M Z. Khan, assessed the claims and evidence provided by both parties. The petitioner argued that he was the sole tenant, while the respondent claimed otherwise. The court emphasized the importance of adhering to the West Pakistan Rehabilitation Settlement Scheme, which governs tenancy agreements and revenue payments in the region. Ultimately, the petition was dismissed, highlighting the need for tenants to comply with established legal frameworks when asserting their rights. This case underscores the complexities of land tenancy laws in West Pakistan and the crucial role of evidence in resolving disputes. Key terms include tenancy rights, land revenue, and legal compliance. |
| Court |
West Pakistan
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| Entities Involved |
Not available
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| Judges |
M Z. Khan
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| Lawyers |
Ghulam Haider Shah
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| Petitioners |
FAQIR MUHAMMAD
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| Respondents |
MST. RAHMI
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| Citations |
1960 SLD 352,
1960 PLD 55
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| Other Citations |
Not available
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| Laws Involved |
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| Sections |
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