Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: FAZAL ILAHI VS Respondent: MUHAMMAD NAWAZ KHAN
P L D 1956 (Rev
P L D 1956 (Rev.) Punjab 11
Before Nasir Ahmad, Financial Commissioner
FAZAL ILAHI‑Petitioner
Versus
MUHAMMAD NAWAZ KHAN and another --Respondents
Revision Petition No. 35 of 1953‑54, decided on 27th December 1954, from the decision of Commissioner, Rawal pindi, dated 26th March 1954.
Punjab Tenancy Act (XVI of 1880)-------
----S. 114‑Compensa tion‑Occupancy tenant paying rent both in kind and cash‑Case falls under S. 114 (2) (d) and not under S. 114 (2) (a)‑Tenant must pay compensation at rate of 20 times annual rent.
Mohsin Shah for Petitioner.
ORDER
NASIR AHMAD, F. C.‑In this revision petition the point that has been argued before me is that the relationship of land lord and tenant does not subsist between the parties on account of the provisions of the Punjab Tenancy (Amendment) Act, VII of 1952. Briefly stated, the position is that the petitioner is an occupancy tenant under the respondents‑landlords and pays rent both in kind and cash. His case, therefore, is not governed by section 114 (2) (a) of the amended Tenancy Act, so that he does not become an owner of the land comprised in his tenancy without payment of any compensation. It seems to me that his case would fall under clause (d) of subsection (2) and under the rules which have been framed under section‑114 and 115 of the amended Act, he does not become an owner of land without payment of compensation at a rate 20 times the annual rent. The revision petition, therefore, has no force and stands dismissed.
K. M. A. Petition dismissed.