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1983 SCMR 562

GHULAM MUHAMMAD AND Others vs MEMBER, BOARD OF REVENUE, N. W. F. P.

Citation1983 SCMR 562
CourtSupreme Court of Pakistan
Case No.Civil Petition No. 76-P of 1983 Petition No. 226 of 1982
Date1983-04-11
Judge(s)M. S. H. Qureshi, Abdul Qadir Sheikh
ResultPetition dismissed

ORDER

M. S. H. QURAISHI J.-The petitioners held lease of some land from respondents 5 and 6 by an agreement dated 8-10-1970.. The lease was for three years from Kharif 1971 to Rabi 1974. On the expiry of the lease, the said respondents brought a suit for recovery of arrears of lease money and for the ejectment of the petitioners, which was decreed in their favour by the Assistant Collector, Dargai, upon a finding that the petitioners were defaulters. The petitioners challenged the order of their ejectment up to the Board of Revenue but having failed throughout, invoked the constitutional jurisdiction of the Peshawar High Court. Their case was that as they had paid Rs. 3,000 to the respondents as security, they could not be held defaulters. The learned Judges, however, declined to interfere with the deci--sion of the Revenue authorities on a question of fact regarding the default in. The payment of lease money.

2. There is nothing in the lease agreement to suggest that the advanced of Rs. 3,000 paid, was adjustable towards arrears of lease money. In the circumstance, the High Court was justified in not interfering with a concurrent finding of fact. We see no good ground to grant leave to appeal. The petition is, therefore, dismissed. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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