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Petitioner: BASHIR And Others VS Respondent: NASRULLAH KHAN And OTHER
Court Name: Board of Revenue Judge(s): Syed Sarfraz Hussain Title: BASHIR And Others vs NASRULLAH KHAN And OTHER Case No.: ROR No.195 of 1987 Date of Judgment: 1989-04-23 Reported As: 1989 CLC 2486 Result: Case remanded
Judgment ORDER This petition has been filed against the order dated 26-8-1987 of the Additional Commissioner (Rev.), Multan, whereby revision petition of the petitioners was dismissed. 2. I have heard the parties at length and have examined the record of the case minutely. It is mandatory for the AC-1 to decide ejectment cases within 60 days of institution and if the said Court fails to decide a case within the stipulated period of 60 days, the case shall stand automatically transferred to the Court of Collector concerned. In the instant case the AC-1 in utter disregard to this provision of law decided the case after the expiry of stipulated period. In view of this the order of Assistant Collector Ist Grade dated 12-1-1986 is coram non judice. As such subsequent orders passed on the basis of the said void order vis-a--vis Collector's order dated 16-6-1986 and Additional Commissioner's order dated 26-8-1987 are also not sustainable. Resultantly the revision petition is accepted, the orders of the Courts below are set aside and the case is referred back to the Collector with the direction that the case will be decided in accordance with provision of Rule 4(5) of the Punjab Land Reforms (Procedure of Ejectment Suits) Rules, 1977, within 30 days of the receipt of this order.