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MUHAMMAD AKBAR KHAN versus BAHADUR KHAN


Section 3 (1) (xxvii) means a farmer, in which the owner of 17 acres of land could not possibly grow enough to make a living, so he cannot be considered a farmer, even then , Also cannot be underestimated. As a farmer unless he belonged to the class of original trees of the soil, [words and phrases]

1981 C L C 1516

[Lahore]

Before Muhammad Habib Ullah, J

MUHAMMAD AKBAR KHAN‑Petitioner

versus

BAHADUR KHAN AND ANOTHER ‑‑Respondents

Writ Petition No. 8482 of 1979. decided on 3rd May, 1980.

(a) Punjab Local Government Ordinance (VI of 1979)‑

‑---S. 3 (1) (xxvii)‑"Peasant''‑Meaning‑Person, owning 17 marlas of land could not possibly be making living by cultivating only so much of land hence, held, could not be regarded as peasant-- Person, further held, can also not be regarded as being peasant unless he belongs to class of actual tillers of soil.‑,[Words and phrases].

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

‑‑‑‑ Art. 199 (i) (b) (ii)‑Writ of quo warranto‑Person not a rival candidate in election‑Cannot challenge election of elected candi date. Such person can however, held, pray for removal of elected candi date‑date from membership for a continuing pre‑election disquali fication.‑[Writ].

Lt. Col. Farzand Ali and others v. Province of West Pakistan through the Secretary, Department of Agriculture, Government of West Pakistan, Lahore P L D 1970 S C 98 rel.

M. A. Aziz for Petitioner.

Khalid Iqbal Qazi for Respondent No. 1.

Respondent No. 2 : Ex parte.

Date of hearing : 21st May, 1980.

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