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1994 SCMR 1779

ISLAMUDDIN and 3 others vs ADDITIONAL COMMISSIONERII, MALAKAND AT

Citation1994 SCMR 1779
CourtSupreme Court of Pakistan
Judge(s)Sajjad Ali Shah, Nasim Hasan Shah, Muhammad Afzal Lone
ResultPetition dismissed

' MUHAMMAD AFZAL LONE, J.---The facts are that Gul Nawaz Khan, respondent No, 4, filed a suit against the petitioners for their eviction from the land in dispute primarily on the ground that period of lease expired by efflux of time. The petitioners resisted the suit and raised the plea that after expiry of the lease in question, it was extended by 5 years, against which 3 years' period was still to be availed of by them. The Assistant Collector, Grade-I, passed an ejectment order against the petitioners but allowed them some compensation for improvement. This order was maintained by die Appellate and the Revisional forums. The petitioners then invoked the writ jurisdiction of the Peshawar High Court, but their writ petition was dismissed in limine vide order dated 14-7-1992, from which leave to appeal is sought now.

2. We have heard the learned counsel. It is not disputed that by now the extended period of the lease claimed by the petitioners has also expired. When faced with this situation, the learned counsel could not advance any plausible argument to canvass grant of leave.

' There is no merit in this petition. It is dismissed and the leave prayed for refused.

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