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Revision Side No. 234 of 1955‑56, decided on 4th September 1956, District Lahore.
S. 8 New allottee can eject old allottee through Rehabilitation Authorities and not from Revenue authorities‑Ejectment effected by Revenue Officers‑---Person ejected should be put back into possession.
S. A. Latif for Petitioner.
Mahmood Shah for Respondent.
There is no doubt that the property in dispute is evacuee property. It was originally allotted temporarily to the present petitioner because he was the previous tenant in it. Later on, it appears that a temporary allotment order was given to the respondent. The respondent did not obtain possession of the property under the Rehabilitation Ordinance but instead started a proceeding under the Tenancy Laws, which has led up to the present revision proceeding.
It is quite clear that the dispossession of the previous allottee should have been arranged under the Rehabilitation Ordinance. I, therefore, declare that all the proceedings, which have been taken by the Assistant Collector, the Collector and the Commissioner under the Tenancy Laws, were incompetent. I accordingly direct that the order of dispossession passed against the present petitioner should be taken as null and void.
I notice that the present respondent has actually obtained possession under the above orders of the lower Revenue Officers. I, therefore, direct that the possession of the present petitioner should be restored. If the present respondent is so advised, he may start a fresh proceeding for obtaining possession by recourse to the provisions of the Rehabilitation Ordinance.
The respondent's counsel has mentioned to me that the restoration of the possession of the present petitioner under my order would be illegal in view of the provisions of the Rehabilitation Ordinance. This objection cannot be valid, because the respondent has so far not received possession under the Rehabilitation Ordinance. I am merely correcting a mistake which has been committed by the subordinate Revenue Officers under the provisions of the Tenancy Laws.
The petition for revision will be considered to have been accepted.
K. M. A. Petition accepted.
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