MUBASHIR HUSSAIN SHAH, MEMBER-II ---This order will dispose of revision No. 338 MBR-II/14.
Facts of the case are that Badshah Islam filed a suit for produce and ejectment against petitioners/defendants on the ground that the plaintif f is owner of the suit land fully detailed in the heading of the plaint and the defendant' s petitioners are tenants on the suit land. The plaint was supported by an agreement of tenancy . On appearance of the petitioners they submitted an applicat ion under Order 7, Rule 11 Civil Procedure Code for the rejection of the plaint. The plaintif f submitted the replication and the learned Assistant Collector 1st grade by order dated 24.12.2013 dismissed the application.
2. The defendants being aggrieved filed an appeal before the Collector and the Collector after hearing the parties and their counsel accepted the appeal, the impugned order dated 24.12.2013 was set aside and the case was sent to the trial Court for recording evidence and to decide the matter on merits.
3. The petitioner being aggrieved, filed the revision before the Commissioner and the learned Additional Commissioner dismissed the revision and hence the instant revision petition.
4. Arguments heard and record perused while counsel for the petitioner also submitted written arguments.
5. It is evident from the file that the case was at a very initial stage when the application for rejection of the plaint was submitted. The law on the subject is very clear that for the rejection of the plaint averments in the plaint has to be considered. Perusal of the plaint shows that it disclosed a cause of action. Plaint is duly backed by the deed of tenancy and also the revenue record. The claim of the petitioners that they have purchased it through a deed has to be thrashed out after recording of evidence. Reliance is placed on the following judgments: ---
(i) Mumtaz v . Nawab Khan 2000 SCMR page 53
(ii) PLD 2002 Peshawar (sic) M Zaman v . Shah W azir by Justice Shahzad Akbar .
(iii) M. Mushtaq v . Abida Nasreen 2008 CLC 1207 by Justice M. Alam Khan.
6. The order of the lower Court/Collector is perfectly sound, just and in accorda nce with law which calls for no interference, hence this revision petition is dismissed with no orders as to cost. Parties are directed to appear before the trial Court on 15.11.2016. On appearance before the trial Court the petitioner will submit written statement, proper trial will commence and the trial Court shall decide the case as early as possible on merits.
Record be sent immediately to the trial Court and hat of revision be sent to the record room.