P L D 1961 W P (Rev) 37 (PLP)
KALA KHAN AND ANOTHER‑Petitioners Versus SAID ALAM AND ANOTHER‑Respondents
| Citation | P L D 1961 W P (Rev) 37 (PLP) |
| Forum / Court | |
| Bench Members | M. Z. Khan, Member, Board of Revenue, |
| Parties | KALA KHAN AND ANOTHER‑Petitioners Versus SAID ALAM AND ANOTHER‑Respondents |
Q1: What are the key laws and sections cited in P L D 1961 W P (Rev) 37 (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P L D 1961 W P (Rev) 37 (PLP)?
The case was heard and decided by the bench comprising: M. Z. Khan, Member, Board of Revenue,.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 1961 W P (Rev) 37 (PLP) (KALA KHAN AND ANOTHER‑Petitioners Versus SAID ALAM AND ANOTHER‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Headnotes / Summary
Martial Law Regulation No. 64, Fara. 26‑‑Tenant can be ejected on any of grounds mentioned in Para. 26, if no order is made under Regulation.
Judgment & Decree
"Until any order is made under this Regulation for the resumption or utilizations of land, no tenant shall be ejected unless it is established in a revenue Court that he has‑ (a) failed to pay rent ; (b) used the land in a manner which renders it unfit for the purpose for which it was let ; or (c) failed to cultivate the land without sufficient cause ; or (d) sublet his tenancy ; or (e) failed to cultivate the land, where rent is payable in kind, in the manner or to the extent customary to the locality ; and in the meantime, subject to the provisions of this Regulation, the landlord and the tenant shall continue to enjoy the rights . and discharge the obligations‑ as heretofore. This section consists of two parts, namely, (1) The action which can be taken before any order is made under the Regulation and (2) the action which can be taken after the order contemplated by the Regulation is made. In the case of (1) above, a tenant can be ejected on any of the grounds from (a) to (e): The ground on which the ejectment of the respondents has been ordered is ground A. (b) of the para. That being so, the respondents can be ejected even through the order contemplated by the section has not been passed. Under (2) above i.e., after an order under this Regulation has been made, a tenant can be ejected even on grounds if any mentioned in the order, other than (a) to (e). The Additional Commissioner has taken the erroneous view that no tenant can be ejected even on grounds (a) to (e), before the order, con templated under the Regulation for the resumption or utilization of land, has been passed. The result is that both the petitions are allowed and that part of the order of the Additional Commissioner which prohibits the ejectment of the respondents is set aside. Petitions allowed.