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FAQIR MUHAMMAD versus MUHAMMAD ABBAS KHAN


Section 52, 56 of the NWFP Tenancy Act 1950 appeal was wrongly filed which has been termed as revision

P L D 1959 W. P. (Rev.) 131

Before A. K. Malik, Member, Board of Revenue, West Pakistan

FAQIR MUHAMMAD and others‑Petitioners

versus

MUHAMMAD ABBAS KHAN, etc.‑‑Respondents

Revision Side No. 51 of 1957‑58, decided on 19th December 1957, District Peshawar.

North‑West Frontier Province Tenancy Act (XXV of 1950),

Ss. 52, S6‑Appeal wrongly filed treated as Revision.

Muhammad Safdar Khan for Respondent.

ORDER

This purports to be an appeal against an' order of the Addi tional Commissioner, Revenue, Peshawar and D. I: Khan Divisions, dated 31‑8‑5 7 Under the provisions of section 52 of North‑West A frontier Province Tenancy Act there is no provision for appeal against such an order before the Board of Revenue. After hearing the counsel for the petitioners I have, however, decided to entertain it as a revision petition under section 56 of the North‑West Frontier Province Tenancy Act. The parties to these proceedings have reached a compromise. The compromise deed has been produced before me to‑day and has been thumb marked by the three peti tioners. Faqir Muhammad, Wazir Muhammad and Abdul Karim, and Mufti Abbas Khan, one of the respondents. The other respondent viz. Muhammad Hashim Khan is not present but his brother Mufti Abbas Khan states that it may be possible to secure his presence tomorrow. In the circumstances the case is adjourned till 19‑12‑57

In continuation of my order dated 18‑12‑1957.

Abdul Karim, one of the three petitioners and Muhammad Hashim Khan, respondent with Mr. Muhammad Safdar Khan, advocate are present.

Muhammad Hashim Khan has also signed the compromise deed in token of his agreement. My order will be in the terms of the compromise entered into between the parties.

The revision petition is filed.

A. H. Order accordingly.

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