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Revision No. 99 of 1962‑63, decided on 30th September 1963.
para. 25(6) Ejectment of tenant‑Tenant not liable to pay rent to original occupancy tenants nor to their successors‑iv‑interest-Not also liable to pay rent to successors‑in‑interest of transferors‑Held, such tenant cannot be ejected by purchaser of land in dispute.
Muhammad Latif for Petitioners.
Ataullah for Respondent.
This is a revision filed against an order, dated the 12th of April 1963, passed by Land Commissioner, Lahore, whereby he accepted the appeal filed by the respondent.
The facts of the case are that the petitioners moved for the ejectment of the respondent from the land in dispute under para. 25 (6) of Martial Law Regulation No. 64. The Deputy Land Commissioner granted their request. Thereupon, the respondent went in appeal to the Land Commissioner who accepted the appeal. Hence this revision.
I have heard the learned counsel for the parties and have examined the record. The respondent is a tenant under the original occupancy tenants from whom the petitioners have purchased the land in dispute. The respondent according to the existing entries was not liable to pay any rent to the original occupancy tenants. He is, therefore, not a person who is liable to pay any rent to their successors‑in‑interest. Hence he cannot be ejected. The learned Land Commissioner was, there fore, perfectly justified in accepting the appeal of the 'respondent. In these circumstances no interference is called for. The revision fails and is dismissed hereby.
S. Q. Revision dismissed.
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