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Revision No. 419 of 1963‑64, decided on 6th March 1965.
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-----S. 23‑Landlord and tenant‑"Patadars Dawami" informer North‑West Frontier Province, "paying rent"‑Can be rejected only in terms of S 23 Suit rightly dismissed if not brought under S. 23.
Sultan Khan for Petitioner.
Sardar Bahadur Khan for Respondents.
This is a second revision filed against an order dated the 16th of May 1964, passed by the Additional Commissioner, Peshawar, whereby he dismissed the second revision preferred by the petitioner.
The facts of the case are that the petitioner brought a suit of ejectment against the respondents on the ground that they were occupancy tenants and had failed to exercise their option under the N. W. F. P., Tenancy Act of 1950. The suit was dismissed by the Assistant Collector. The petitioner went in appeal to the Collector who remanded the case. After remand, the Assistant Collector again dismissed the suit. The petitioner wont in appeal to the Collector but it was dismissed. He then filed a revision before the Additional Commissioner but it was also rejected. Hence this second revision.
I have heard the learned counsel for the parties. It is established that on the basis of the revenue record, that the respondents are permanent lessees (Patadars Dawand) but it is admitted that they pay rent. They are, therefore, tenants but tenants for a term which is not to expire. If any person wishes to eject them, it will be an ejectment before the expiry of the term of their lease (Tenancy). It is, therefore, clear that their ejectment can only take place on the ground mentioned in section 23 of the N.W. F. P. Tenancy Act of 1950. From the plaint of the petitioner, it is clear that they did not bring a suit under that section, its dismissal was, therefore, perfectly justified. There is no force in this revision and it is rejected hereby. The petitioner can, however, seek such legal remedy as is permissible in the light of the observation made above.
A. H. Petition rejected.
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