1981 PLP 1208 (CLC)
MUHAMMAD SHAFI‑Petitioner Versus MEMBER, BOARD OF REVENUE ETC.‑Respondents
| Citation | 1981 PLP 1208 (CLC) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | MUHAMMAD SHAFI‑Petitioner Versus MEMBER, BOARD OF REVENUE ETC.‑Respondents |
| Primary Law | (b) Constitution of Pakistan (1973)‑ |
Q1: What are the key laws and sections cited in 1981 PLP 1208 (CLC)?
This judgment primarily cites: (b) Constitution of Pakistan (1973)‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1981 PLP 1208 (CLC)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1981 PLP 1208 (CLC) (MUHAMMAD SHAFI‑Petitioner Versus MEMBER, BOARD OF REVENUE ETC.‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Mushraq Ahmad for Petitioner.
- Ch. Muhammad Naeem for Respondents.
Headnotes / Summary
Art. 199(1)(a)(ii)‑Writ of certiorari‑Patwari changing entries in Khasra Girdawari without lawful authority ‑ Collector on appeal failing to correct such error‑Held, Collector's such failure, though not without jurisdiction, still does not clothe change in entries in Khasra Girdawari with any lawful authority and writ an appropriate relief in circumstances.‑[Writ].
Judgment & Decree
(a) Punjab Tenancy Act (XI of 1887)‑
S. 13(1)‑Commutation and alteration of rent‑.‑Petitioner obtaining part of land in mortgage‑Subsequently, mortgaged land redeemed and petitioner's sons purchasing it ‑ Respondent pre‑empting sale and obtaining Malkana possession thereof‑Petitioner however, continuing in possession of land throughout as tenant‑Held, change in lagan from cash rent to batai in violation of S. 1.3 of Tenancy Act, 1887, and therefore illegal. (b) Constitution of Pakistan (1973)‑
Art. 199(1)(a)(ii)‑Writ of certiorari‑Patwari changing entries in Khasra Girdawari without lawful authority ‑ Collector on appeal failing to correct such error‑Held, Collector's such failure, though not without jurisdiction, still does not clothe change in entries in Khasra Girdawari with any lawful authority and writ an appropriate relief in circumstances.‑[Writ]. Ch. Mushraq Ahmad for Petitioner. Ch. Muhammad Naeem for Respondents. Date of hearing: 27th April, 1981.