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Civil Petitions Nos.573, 577 and 622 of 1977, decided on 8^th November, 1980.

(On appeal from the judgment dated 15‑6‑1977 of the Lahore High Court in C. M. 5 of 1977 in Writ Petition 1234 of 1969 and Writ Petition No. 127 of 1972).

Art. 185(3)‑‑Supreme Court Rules, 1980, O. XIII, r. 1‑Punjab Tenancy Act (XVI of 1887), S. 114‑Petition barred by three days ‑Delay condoned subject; to all just exceptions‑Leave to appeal granted to consider question of true interpretation of S. 114, Punjab Tenancy Act, 1882.

Ghulam Fatima and others v. Rahim Bakhsh and others N L R 1979 Rev. S C 214 ref.

Kh. Mushtaq Ahmad, Advocate‑on‑Record for Petitioner (in C. P. No. 573 of 1977).

Khalilur Rehman Khan, Advocate Supreme Court and M. A. Qureshi, Advocate‑on-Record for Respondent No. 2 (in C. P. No. 573 of 1977).

Nemo for Respondents 1 and 3 to 11‑

M. Pervaiz Akhtar, Advocate Supreme Court and Kh. Mushtaq Ahmad, Advocate‑on‑Record for Petitioners (in C. P. No. 577 of 1977).

Khalilur Rehman Khan, Advocate Supreme Court and M. A. Qureshi, Advocate‑on‑Record for Respondent No. 2 (in C. P. No. 577 of 1977).

Nemo for Respondents Nos. 1 and 3 to 5.

Aftab Iqbal, Advocate Supreme Court and Hakim Muhammad Sardar Khan, Advocate‑on‑Record (absent) for Petitioner (in C. P. No. 622 of 1977).

Qazi Shafi Muhammad, Advocate Supreme Court and. Sh. Salahuddin, Advocate‑on‑Record for Respondents Nos. 1 and 3 to 7 (in C. P. No. 622 of 1977).

Nemo for Respondents Nos. 2 and 8 to 11.

Date of hearing : 8th November, 1980.

‑This order will govern Civil Petition for Special Leave to Appeal No. 573 of 1977, Civil Petition for Special Leave to Appeal No. 577 of 1977 and Civil Petition for Special Leave to Appeal o. 622 of 1977, as they are directed against a common judgment delivered by a learned Single Judge of the Lahore High Court.

Civil Petition for Special Leave to Appeal No. 622 of 1977 4 barred by three days but the delay, for the reasons stated in the application for condonation is condoned, subject to all just exceptions.

In all the three cases, the principal question relates to the true interpretation of the provisions of section 114 added by the Punjab Tenancy (Amendment) Act (VII of 1952). To consider this question, leave has already been granted in Civil Petition for Special Leave to Appeal No. 247 of 1978 [Ghulam Fatima and others v. Rahim Bakhsh and others.(N L R 1979 Rev. SC 214)

Leave to appeal is, accordingly, granted in these petitions as well. To be heard alongwith the said case.

Security Rs.1,000 in each case.

Appeals to be made ready on the present record, with liberty to the parties to add further documents, if necessary.

All these matters to be fixed for hearing at a very early date.

M. Z. M. Leave granted.

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