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1984 SCMR 1204

MUHAMMAD ISHAQUE vs FAZAL MUHAMMAD and another

Citation1984 SCMR 1204
CourtSupreme Court of Pakistan
Case No.Civil Petition No, 792 of 1983 Writ Petition No,554 of 1982
Date1984-02-05
Judge(s)Nasim Hasan Shah, M. S. H. Qureshi
ResultPetition dismissed

ORDER

' M.S.H. QURAISHI, J.--The land in question had been allotted to respondents 1 and 2 under the Ejected Tenants Scheme in the year 1963. The petitioner who had been inducted by them as a tenant in the year 1979 applied for allotment of the land to him on 17-1-1980. Some time later, the said respondents applied for grant of proprietary right which was allowed subject to their clearing the arrears of rent. The petitioner agitated the matter but ultimately his revision application was dismissed by the learned Member, Board of Revenue, on 21-8-1980 with the following observation: "The respondents are allottees of the land in dispute under Ejected Tenants Scheme. Proprietary rights were granted to such allottees in 1960. The respondents fulfilled the conditions for about 19 years and qualified for the grant of proprietary rights. The cultivation of the land in dispute by the petitioner during 1979 does not disqualify the respondents to get proprietary rights."

2. Thereafter, the land was against cancelled from the name of the respondents by the order of Collector, dated 30-8-1980 but this order was set aside in appeal by the Additional Commissioner on 16-12-1981, who directed that the order passed by the Board of Revenue be acted upon.

3. The petitioner challenged the order of the Additional Commissioner dated 16-12-1981 at also that of the Member, Board of Revenue of 21-8-1980 by a writ petition but the same was dismissed by the High Court by the impugned order dated 18-4-1983 for the reasons that (1) the petition is so far as it challenges the order of the Member, Board of Revenue, dated 21-8-1980, suffered from lathes, (2) as regards the order of the Additional Commissioner, dated 16-12-1981, the petitioner could not succeed because that was only a direction to implement the said order of the Member, Board of Revenue, (3) the petitioner had no locus standi in the matter, and (4) he having entered as a tenant under the respondents could not assail their title as landlords.

4. After hearing learned counsel, we feel satisfied that the decision taken by the High Court is correct and calls for no interference by this Court. The petition is dismissed.

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