P L D 1959 W (PLP)

These two petitions R. O. R. No. 255 of 1957‑58 (Baz Din etc. v. Shah Sanan etc.) and R. O. R. No. 256 of 1957‑58 (Baz Din etc. v. Sohbat etc.) may be taken up together, as they relate to the same parties and are against the same order. Separate suits were instituted under section 83 of the N.‑W. F. P. Tenancy Act 1950, before the Assistant Collector, 1st Grade, Peshawar, for establishing occupancy rights in certain land measuring 7986 kanals and 9 marlas situated in village Ghari Baghban and 3005 kanals and 2 marlas in village Surezai Payan, Tehsil and District Peshawar. Both the petitions were dismissed by the Assistant Collector, 1st Grade, on the ground that the defendants had died before the institution of the suit and their legal representatives had not been brought on the record. He held that neither proceedings could be taken against dead person nor could a decree be passed against them. An appeal was filed before the Collector who dismissed it. The petitioners filed a revision petition before the Additional Commissioner who rejected it. The North‑West Frontier Tenancy Act 1950, has repealed various Acts, including the Punjab Tenancy Act, 1887, as appli cable to the North‑West Frontier Province by the North‑West Frontier Province Laws and Regulations 1901. Section 83 of the N.‑W. F. P. Tenancy Act, 1950, lays flown that notwithstanding the repeal of the Punjab Tenancy Act, 1‑47, as applicable to the N.‑W. F. P. "Any person who but for this Act would have been entitled to be declared an occupancy tenant within the meaning of section 5 of the Punjab Tenancy Act, 1887 as applicable to the North‑West Frontier Province by North-West Frontier Province Law and Justice Regulation, 1901‑shall within 3 years after the commencement of this Act, apply f0 t such declaration and on such declaration being granted, he shall be entitled to the benefit of section 4 of this Act." The following results follow from this section :‑ (a) If a person is not entitled to be declared do occupancy tenant within the meaning of section 3 of the Punjab Tenancy Act‑he is debarred from filing an application altogether ; and (b) If a person is entitled to be declared an occupancy tenant within the meaning of section 5 of the Punjab Tenancy Act. He must file his application within 3 years after the commence ment of the Act. In the present case the applications were admittedly filed on 15‑1‑1954. The N.‑W. F. P. Tenancy Act, 1950, came into force on 20‑6‑50 and so the period of 3 years expired on 19‑6‑

53. That being so, the applications filed for declaration as occupancy tenant under section 5 were time barred and if they were for a declaration occupancy tenant under section 5 they could not to' be entertained even if they were filed‑within 3 years. The petitions in the present case purport to have been filed under section 82 of the North‑West Frontier Tenancy (Amend ment) Act, VI of 1952. That Act does not have section 82 at all. Even if these petitions are taken to be for a declaration under section 5 of the Punjab Tenancy Act etc., they are time barred, whereas if they are under sections and 7 etc , of the Punjab Tenancy Act, as suggested by the learned counsel for the petitioners, they cannot be entertained at all. The result is that both the petitioner are rejected in limine. A. H. Petitions rejected.