MUHAMMAD ROSHAN ESSANI, J.-- By this application the applicant has sought following reliefs:--
(a) That this Honourable Court may be pleased to issue Rule Nisi for the purpose of release of detainees and further they may be brought before this Honourable Court for recording their statements and after recording the statement he may be set at liberty.
(b) For the purpose of bringing the detainees and implementation of orders by this Honourable Court respondent No. 3 be authorized to produce the above detainees before this Honourable Court.
(c) Costs of the petition be borne by the respondents.
(d) Any other relief this Honourable Court may deem- fit and proper be granted.
The brief facts of the case as disclosed in the application are that about 5 years back the applicant alongwith his family members was engaged a hair -by the respondent No. 1 who is zamindar of the applicant. - The respondent No. 2 is Kamdar of respondent No. 1 and supervises the land of respondent No. 1 and supervises the land of respondent No. 1. The respondent No. 1 is a big and influential zamindar and carries great influence in the area. The respondent No. 1 handed over 20 acres of his agricultural land to the applicant and alleged detainees for cultivation purpose.
2. It is further stated that the respondent No. 1 since last 5 years is providing them wheat and meager amount or sustenance which applicant party learned from the produce. Since Last 5 years, the respondent No. 1 has not settled the accounts with the applicant. The applicant and alleged detainees are harries but respondent No. 1 has not given them their actual due share of the produce. During the current season the applicant and the alleged . Detainees have cultivated 10.00 acres of Cotton crops acres of sugarcane crop and 3.00 acres of all the crop in the land of respondent 1. One pair of bullock and one buffalo belonging to the (sic) is also in possession of the respondent.
3. The respondents Nos. 1 & 2 inspite of the repeated requests o the applicant have failed to settle the accounts and deliver the harp share to the applicant party. About 10 days prior to the filing of the present application, the applicant and alleged detainees made repeated requests whereupon the respondents 1 & 2 annoyed and belaboured them. The respondents 1 & 2 are not permitting them to quit from the land. On the 10th instant in the night applicant succeeded to run away from the land of the applicant, but his family members are still at the land of respondent 1.
4. I have heard learned counsel appearing on behalf of the applicant and learned Asstt.A.G.
Appearing on behalf of the State. Learned Asstt.A.G. Has opposed the prayer of the applicant.
5. The plain reading of the averments made in the application and reproduced hereinabove reveals that there is dispute between the tenant and landlord for which exclusive jurisdiction lies with the Tenancy Tribunal created under the Tenancy Act.
Consequently the application is not maintainable in law and stands dismissed alongwith listed application.