' Brief facts of the case are that the petitioner made an application to the A.C./Collector Minchandabad to the effect that 25 Acres of his land of Mauza Babeeha Kalam being Mustajri with the respondent, the latter had not paid the Mustajri money for the years 1993-94 and 199495. Vide his order, dated 26-4-1995, the A.C./Collector, Minchanabad decreed an amount of Rs,32,500 against the respondent on the said account. The respondent's appeal against this order was accepted by the Additional Commissioner (Revenue), Bahawalpur Division vide his order, dated 29-8-1995. This order has been assailed in the present revision petition.
2. The learned counsel for the petitioner argued that the respondent having obtained the land in question on Mustajri, the Additional Commissioner had misconceived the facts and had accepted appeal on the wrong grounds that the relationship of landlord and tenant was not proved between the parties. The learned counsel asserted that while the respondent had been paying the Mustajri money from 1990 to 1993 regularly, he had failed to pay the same for 1993-94 and 1994-95 and had produced bogus receipts for the said period before the Additional Commissioner. With these arguments, the learned counsel pleaded for setting aside the impugned order of the Additional Commissioner (Revenue), Bahawalpur Division.
3. The learned counsel for the respondent argued that the petitioner had not affixed the court-fees on his application before the A.C./Collector Minchanabad and hence the latter was not competent to decree the amount against the respondent. The learned counsel pointed out that the petitioner's civil suit in the same matter had been dismissed on 9-5-1994. The learned counsel asserted that as established from the Revenue Record, the respondent was not a tenant of the petitioner and that he had been paying the due rent to the petitioner regularly. With these arguments, the learned counsel pleaded for dismissal of the revision petition.
4. I have given due consideration to the arguments advanced from both the sides and have examined the record. As for the impugned order of the Additional Commissioner, he had accepted the appeal of the respondent on the grounds that the petitioner had received the Mustajri money for Kharif 1993 to Rabi 1994 through D.W.1. This observation of the Additional Commissioner on its very face was not based on any valid evidence. He had not even mentioned the name of the said D.W.1. Another ground taken by the Additional Commissioner for acceptance of the appeal of the respondent was that no relationship of the landlord and tenant was established between the parties. This observation reflected that the Additional Commissioner did not take the case in its correct perspective as it was a case of Mustajri and not of any landlord and tenant relationship. As for the order, dated 26-4-1995 of the A.C./Collector Minchanabad is concerned, the same is a badly nonspeaking order which was passed arbitrarily and the findings were based on no worthwhile and acceptable evidence. While at various places in his A order, the A.C./Collector had mentioned that the respondent was bound to pay the Mustajri amount and had not paid the same for two years, at another place he had stated that the respondent was bound to pay the share of produce to the petitioner. This reveals that the A.C./Collector decided the matter without an ascertainment about the basic issue. Besides, while he decreed the amount of Rs,32,500 against the respondent, his order does not indicate as to on which basis he calculated this amount. Thus, on all accounts his order appears to have been passed arbitrarily and against the principles of justice.
5. For the foregoing reasons, the orders of both the A.C./Collector, Minchanabad and of the Additional Commissioner (Revenue), Bahawalpur Division are not maintainable under law. The same are, therefore, set aside and the case is remanded to the A.C./Collector, Minchandabad for fresh decision in accordance with the law after proper ascertainment and appraisal of the relevant facts.
6. A copy of this order be sent to the A.C./Collector, Minchanabad for necessary action.