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Petitioner: KALA KHAN VS Respondent: SAID ALAM
P L D 1961 W P (Rev) 37
P L D 1961 W P (Rev) 37
Before M. Z. Khan, Member, Board of Revenue,
West Pakistan
KALA KHAN AND ANOTHER‑Petitioners
versus
SAID ALAM AND ANOTHER‑Respondents
Revision No. 106 of 1959-60, decided on 27th 'September1960, District Hazara.
Martial Law Regulation No. 64, Fara. 26‑‑Tenant can be ejected on any of grounds mentioned in Para. 26, if no order is made under Regulation.
ORDER
These two petitions‑R. O. R. No. 106 of 1959‑60 (Kala Khan ‑ete. v. Said Alam, etc.) and R. O. R No. 107 (Kala Khan etc. v. Alain Sher) ‑ may be taken up together as the facts are similar, The petitioners filed suits for ejectment against the respondents in respect of certain land on, among others, the ground am which renders it unfit for cultivation. The Assistant Collector held that the relationship of landlord and tenant had been than established and that the plea that the land was used in a manner which renders it unfit for cultivation had been established. By his order dated 27‑3‑58, the ejectment of the respondents was ordered subject to the payment of compensation for improvements An appeal was filed before the Collector, who dismissed it by ' his order dated 8‑11‑58. A revision was filed before the Additional Commissioner who agreed with the findings of the Assistant Collector and the Collector but directed that in view of para.26 of Martial Law Regulation No. 64 the respondents could not be ejected till the relevant order was passed.
Para. 26 of Martial Law Regulation No 64 is as follows :‑
"Until any order is made under this Regulation for the resumption or utilizations of land, no tenant shall be ejected unless it is established in a revenue Court that he has‑
(a) failed to pay rent ;
(b) used the land in a manner which renders it unfit for the purpose for which it was let ; or
(c) failed to cultivate the land without sufficient cause ; or
(d) sublet his tenancy ; or
(e) failed to cultivate the land, where rent is payable in kind, in the manner or to the extent customary to the locality ; and in the meantime, subject to the provisions of this Regulation, the landlord and the tenant shall continue to enjoy the rights . and discharge the obligations‑ as heretofore.
This section consists of two parts, namely, (1) The action which can be taken before any order is made under the Regulation and (2) the action which can be taken after the order contemplated by the Regulation is made. In the case of (1) above, a tenant can be ejected on any of the grounds from (a) to (e): The ground on which the ejectment of the respondents has been ordered is ground A. (b) of the para. That being so, the respondents can be ejected even through the order contemplated by the section has not been passed.
Under (2) above i.e., after an order under this Regulation has been made, a tenant can be ejected even on grounds if any mentioned in the order, other than (a) to (e). The Additional Commissioner has taken the erroneous view that no tenant can be ejected even on grounds (a) to (e), before the order, con templated under the Regulation for the resumption or utilization of land, has been passed.
The result is that both the petitions are allowed and that part of the order of the Additional Commissioner which prohibits the ejectment of the respondents is set aside.
Petitions allowed.