MUHAMMAD AFSAR AND 7 Others vs ALLAH DITTA AND 13 Other — 1970 SCMR 118

Citation: 1970 SCMR 118

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-31

Parties: MUHAMMAD AFSAR AND 7 Others vs ALLAH DITTA AND 13 Other

Headnotes

Case cited as 1970 SCMR 118

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Dr. Sheikh Abdul Rahman, Muhammad Yaqub Ali Khan Title: MUHAMMAD AFSAR AND 7 Others vs ALLAH DITTA AND 13 Other Case No.:Civil Petition for Special Leave to Appeal No. 215 of 1967 R. S. A. No. 190 of JUDGMENT Reported As: 1970 SCMR 118 Result: Leave refused Judgment JUDGMENT HAMOODUR RAHMAN, J.-This is a petition for special leave to appeal from a judgment of a learned Single Judge of the High Court of West Pakistan, Lahore, in a second appeal. The appeal arose out of a suit filed for a declaration that the respondents, who were tenants of the property in dispute, had abandoned their occupancy rights therein and were not eligible to acquire any ownership rights under section 114 of the Punjab Tenancy Act as amended in 1952. The suit also challenged the correctness of the mutation entered on the 21st of February 1956, giving such ownership rights to the respondents. The trial Court found that the respondents who were the defendants in the suit, had failed to cultivate the land for more than one year as also failed to arrange for payment of rent, but since some of them were minors that was a sufficient cause for such failure. The suit was, therefore, dismissed on the ground that the plaintiff-landlords held failed to prove that there was no sufficient cause for non-cultivation of the land within the meaning of section 38 of the Punjab Tenancy Act. Section 38 (1) is in these terms :- "38(1) If a tenant having a…

Read the full judgment on Al Wakeelo — Pakistan's AI-powered legal research platform.