' MUHAMMAD KHALID MEHMOOD KHAN, J.---Through this Civil Revision the petitioners have assailed the judgment and decree dated 20-9-2000 passed by the learned Additional District Judge, Kasur.
2. The petitioners filed a suit for declaration and permanent injunction against respondents claiming that they are landless tillers of Evacuee Trust Agricultural land. They are cultivating the land detailed in the head note of plaint. They were paying lease money to respondent No.4 regularly at the rate of six times of land revenue. In the year 1996 the then Prime Minister issued directions to the Federal Government for recovering 12 times lease money on the basis of land revenue. A dispute arose between the parties regarding fixation of lease money, however the same was resolved by the Federal Government vide order dated 20-12-1976 and it was finally decided that petitioners will pay lease money at the rate of 12 times of the land revenue. Respondent No.3 in violation of the instructions of the Federal. Government demanded lease money on higher rates, the said demand Was challenged before the Administrator Evacuee Trust Property Board, the same was dismissed, a revision thereagainst was allowed and the case was remanded to the Chairman Evacuee Trust Property Board with the direction that the case be re-decided. The Chairman instead of deciding petitioner's dispute itself, referred the matter to Administrator Evacuee Trust Property who dismissed petitioner's application vide order dated 28-1-1984, the petitioner assailed the said order before the Secretary Federal Government who also dismissed the same vide order dated 18- 6-1984. After the dismissal of petitioner's appeal by the Secretary Federal Government, respondents tried to auction the land. Through the civil suit the proposed auction was challenged.
The respondents filed written statement and controverted the petitioner's assertions. Learned trial court framed the issues, out of divergent pleadings of parties. Both the parties adduced their respective evidence and the learned trial 'court decreed the suit in the following terms:- "In view of the findings on issues Nos.] and 2 1 decree the suit in favour of the plaintiffs and against the defendants and declare that the plaintiffs being lessees of suit-land are entitled to deposit the lease money at the rate of twelve times of the land revenue till the lease scheme is not introduced instead of scheme 75. It is also declared that defendants have no right to eject the plaintiffs or put the land for auction. However, in case of default of payment of lease money the defendants will be at liberty to collect the same as arrears of rent."
3. The respondents assailed the said judgment and decree through appeal which was allowed vide judgment and decree dated 20-9-2000 and the suit was ordered to be dismissed. Hence, the present petition.
4. Learned counsel for respondents has placed on record the applications filed by the petitioners and the receipts for payment of lease money. Learned counsel for respondents informed that petitioner's case is pending disposal before the Chairman Evacuee Trust Property Board. Although their appeal was accepted and there is no decree in favour of petitioners but department is willing to decide petitioner's applications keeping in view the judgment of learned civil court. The petitioners in their applications themselves have requested the Chairman Evacuee Trust Property Board, that in case their matter is resolved, they will withdrew their petition.
5. Learned counsel for respondents submits that he undertakes that Chairman Evacuee Trust Property Board will decide petitioner's application according to the terms of the judgment dated 22-4-1991 after hearing them strictly in accordance with law. The applications and receipts are made the part of record and the present petition is disposed of in the following terms:-- "That Chairman Evacuee Trust Property Board who is respondent No.4, will decide petitioner's applications keeping in mind the judgment of learned civil court dated 22-4-1991 or under any other scheme announced by the Evacuee Trust Properly Board/Federal Government. Respondent No. 4 will provide full opportunity of hearing to petitioners and respondents/department as well. Till the final disposal of petitioner's application, the petitioner's possession will not be disturbed.