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MUHAMMAD SHAFI versus MEMBER, BOARD OF REVENUE


Section 13 (1) Change of rent and change of rent The applicant then receives some part of the land in the mortgage, and the buyers then purchase the property by the seller and the son. The change in logging from cash rent to negotiation, in violation of section 1 3 of the Tenancy Act 1887, is therefore illegal

1981 C L C 1208

[Lahore]

Before Muhammad Zafarullah, J

MUHAMMAD SHAFI‑Petitioner

versus

MEMBER, BOARD OF REVENUE ETC.‑Respondents

Writ Petition No. 11605 of 1980, decided on 27th April, 1981.

(a) Punjab Tenancy Act (XI of 1887)‑

---S. 13(1)‑Commutation and alteration of rent‑.‑Petitioner obtaining part of land in mortgage‑Subsequently, mortgaged land redeemed and petitioner's sons purchasing it ‑ Respondent pre‑empting sale and obtaining Malkana possession thereof‑Petitioner however, continuing in possession of land throughout as tenant‑Held, change in lagan from cash rent to batai in violation of S. 1.3 of Tenancy Act, 1887, and therefore illegal.

(b) Constitution of Pakistan (1973)‑---

--------Art. 199(1)(a)(ii)‑Writ of certiorari‑Patwari changing entries in Khasra Girdawari without lawful authority ‑ Collector on appeal failing to correct such error‑Held, Collector's such failure, though not without jurisdiction, still does not clothe change in entries in Khasra Girdawari with any lawful authority and writ an appropriate relief in circumstances.‑[Writ].

Ch. Mushraq Ahmad for Petitioner.

Ch. Muhammad Naeem for Respondents.

Date of hearing: 27th April, 1981.

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