| Case ID |
f638a7f6-bb7d-4c75-80f4-d7dd7ad74c91 |
| Body |
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| Case Number |
Civil Appeal No. 312 of 1992 |
| Decision Date |
Jan 24, 1995 |
| Hearing Date |
|
| Decision |
The Supreme Court upheld the findings of the High Court regarding the relationship of landlord and tenant between the parties. The concurrent findings by the Assistant Collector, Collector, and Additional Commissioner established that the respondent was in possession of the land through the appellants on payment of cash rent. The Board of Revenue's decision to set aside these findings was deemed an overreach of jurisdiction. The Court emphasized that the constitutional jurisdiction is aimed at fostering justice and not perpetuating illegality. |
| Summary |
In the case of Munjri Khan vs. Faridoon, the Supreme Court of Pakistan addressed the dispute over the landlord-tenant relationship under the North West Frontier Province Tenancy Act. The appellants, Munjri Khan and others, challenged the decision made by the Board of Revenue. The Supreme Court reaffirmed the High Court's ruling that established the existence of the landlord-tenant relationship, emphasizing that concurrent findings of fact cannot be overturned without substantial evidence of misreading or non-consideration of material facts. The Court's decision underscored the importance of maintaining lawful authority in revenue matters, particularly in disputes over tenancy rights and the payment of dues. The ruling is significant for understanding tenant rights, landlord obligations, and the jurisdictional limits of revenue authorities in Pakistan. This case highlights the critical balance between statutory provisions and judicial interpretation in resolving property disputes, ensuring justice is served while maintaining the integrity of legal processes. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SAJJAD ALI SHAH, C.J.,
MUHAMMAD MUNIR KHAN,
IRSHAD HASAN KHAN
|
| Lawyers |
Mian Younis Shah, Senior Advocate,
S. Safdar Hussain, Advocate-on-Record (absent),
M. Aman Khan, Advocate,
Nur Ahmed Khan, Advocate on-Record (absent)
|
| Petitioners |
MUNJRI KHAN and others
|
| Respondents |
FARIDOON and 5 others
|
| Citations |
1995 SLD 650 = 1995 SCMR 678
|
| Other Citations |
Muhammad Anwar v. Abdul Shakoor 1982 SCMR 1120,
Ismail Brothers v. Kevil Ram PLD 1981 SC 545,
S.A.A. Annamalai Chettiar v. Molaiyan and others AIR 1970 Mad. 396,
Kumar Krishna Prosad Lal Singha Deo v. Baraboni Coal Concern Ltd. and others AIR 1937 PC 251,
Krupasinghu Routra and another v. Purna Chandra Misra and others AIR 1973 Orissa 44,
Ram Rakha Mal v. Munna Lal Maidhan AIR 1931 Lah. 243,
Faiz Ahmed v: Muhammad Sharif Khan 1991 SCMR 689,
Haji Samad Khan and others v. Khalid Khan and others 1985 SCMR 770,
Syed Raunaq Ali Shah v. Chief Settlement Commissioner and others PLD 1973 SC 236
|
| Laws Involved |
North West Frontier Province Tenancy Act (XXV of 1950),
Constitution of Pakistan (1973),
Evidence Act (I of 1872)
|
| Sections |
56(1),
185,
116
|