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1984 SCMR 1165

ABDUL GHAFFAR vs MUHAMMAD SHARIF AND ANOTHER

Citation1984 SCMR 1165
CourtSupreme Court of Pakistan
Case No.Civil Petition No, 518 of 1976 W. P. No, 3186 of 1975
Date1984-05-19
Judge(s)Nasim Hasan Shah, Aslam Riaz Hussain
ResultLeave granted

ORDER

1. ' NASIM HASAN SHAH, J.-The question, which arose before the learned Member Board of Revenue, was whether the respondent, who was in unauthorised possession of the land, could be treated as a "tenant" by giving him the benefit of the provisions of para. 480 of the Colony Manual?

2. The learned Member, Board of Revenue decided to do so and by applying the provisions of para. 480 of the Colony Manual treated him as a tenant and, therefore, eligible under the 15 years Lease Scheme.

3. ' Ch. Muhammad Hasan, learned counsel for the petitioner, submits that the provisions of para. 480 of the Colony Manual dealt with entirely different situation and had no application in the facts and circumstance of this case.

4. ' Prima facie there is force in this submission. . Security in the sum of Rs, 1,000.

5. ' The appeal shall be made ready on the present record with liberty to the parties to add further documents, if any.

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