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Civil Petition No. 518 of 1976, decided on 20th May, 1984.
(On appeal from the Judgment, dated 10‑3‑1976 of the Lahore High Court in W. P. No. 3186 of 1975).
‑‑ Art. 185(3)‑Colony Manual, para. 480‑Board of Revenue, by applying provisions of para. 480 of Colony Munual, treating respon dent as tenant and eligible under 15 years Lease Scheme‑Leave to appeal granted to examine submission that provisions of para. 480 did not apply to facts and circumstances of case.
Ch. Muhammad Hasan, Advocate Supreme Court and Maqbool Ahmad Advocate‑on‑Record for Petitioner.
Nemo for Respondents.
Date of hearing : 20th May, 1984.
.‑The question, which arose before the learned Member Board of Revenue, was whether the respondent, who was in unauthorised possession of the land, could be treated as a "tenant" by giving him the benefit of the provisions of para. 480 of the Colony Manual
The learned Member, Board of Revenue decided to do so and by applying the provisions of para. 480 of the Colony Manual treated him as a tenant and, therefore, eligible under the 15 years Lease Scheme.
Ch. Muhammad Hasan, learned counsel for the petitioner, submits that the provisions of para. 480 of the Colony Manual dealt with entirely different situation and had no application in the facts and circumstances of this case.
Prima facie there is force in this submission. Leave granted.
Security in the sum of Rs. 1,000.
The appeal shall be made ready on the present record with liberty to the parties to add further documents, if any.
S. Q. Leave granted.
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