1989 PLP 2047 (SCMR)
Mst. IQBAL BEGUM Petitioner Versus MEMBER, BOARD OF REVENUE and another Respondents
| Citation | 1989 PLP 2047 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zullah and Usman Ali Shah, JJ |
| Parties | Mst. IQBAL BEGUM Petitioner Versus MEMBER, BOARD OF REVENUE and another Respondents |
| Primary Law | Land Reforms Regulation, 1972 (M.L.R. 115) |
Q1: What are the key laws and sections cited in 1989 PLP 2047 (SCMR)?
This judgment primarily cites: Land Reforms Regulation, 1972 (M.L.R. 115) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989 PLP 2047 (SCMR)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah and Usman Ali Shah, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 2047 (SCMR) (Mst. IQBAL BEGUM Petitioner Versus MEMBER, BOARD OF REVENUE and another Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Cla. Khalil-ur-Rehman, Senior Advocate Supreme Court and Sh. Salah ud-Din, Advocate-on-Record for Petitioner.
- Nemo for Respondents.
- Date of hearing: 10th June, 1989.
- Cla. Khalil‑ur‑Rehman, Senior Advocate Supreme Court and Sh. Salah ud‑Din, Advocate‑on‑Record for Petitioner.
Headnotes / Summary
(On appeal from the order of the Lahore High Court, dated 9-10-1985 in Writ Petitions Nos. 4086 and 4087 of 1985).
Para.25--Constitution of Pakistan (1973), Art. 185(3)--Petitioner landlord filed two suits, one for recovery of rent from respondents and other for ejectment- Board of Revenue, in its revisional jurisdiction, remanded case regarding recovery of rent for working out exact amount of rent due from respondents and regarding ejectment found that in circumstances of case respondents could not be treated as defaulter-- Contention raised firstly, that Board of Revenue had no revisional jurisdiction and secondly that two orders passed in two revisions by Board of Revenue were self-contradictory--Held, first contention stood concluded against petitioner by judgment of Supreme Court in Lucas alias Luci and others v. S. M. Nasim; Member (Revenue); Board of _ Revenue, Punjab, Lahore and another P L D 1984 S C 227 and second contention had been properly dealt with by High Court--No infirmity, legal or otherwise, having been found in the order of High Court, leave to appeal was refused. Lucas alias Luci and others v. S. M. Nasim, Member (Revenue) Board of Revenue Punjab, Lahore and another P L D 1984.S C 227 ref.
Judgment & Decree
MUHAMMAD AFZAL ZULLAH, J.‑‑Leave to appeal has been sought by a landlady; against the dismissal by the High Court, of her two Writ Petitions which had arisen out of and tenancy matter.
2. The petitioner filed two suits before the Ass1stant Collector 1st Grade, I one for recovery of rent from‑ the respondent (tenant amounting to more than Rs.30,000 and the other for ejectment. Respondents having failed with the lower Revenue Authorities, ultimately succeeded before the Board of Revenue in its revisional jurisdiction. The case regarding recovery of rent was remanded for working out exact amount of rent due from the respondents. Regarding ejectment it was held that in the circumstances of this case the respondents could not be treated as rent defaulter. The petitioner filed two separate writ petitions in the High Court which were dismissed. She has now sought leave to appeal.
3. Learned counsel has contended; firstly, that the Board of Revenue had no revisional jurisdiction, and secondly, that the two orders passed in the two revisions by the Board of Revenue are self‑contradictory. First question stands concluded against the petitioner by the judgment of this Court Lucas alias Luci and others v. S. M. Nasim, Member (Revenue), Board of Revenue, Punjab, Lahore and another P L D 1984 S C
227. Second question has been properly dealt with by the High Court. There being no infirmity, legal or otherwise, leave to appeal is refused. M.A.K./I‑101/S Leave refused.