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GAMA versus MOHAMMAD HUSAIN


The Punjab Tenancy Act 1887 will not demand the powers of the Section 84 Revision Board unless the Commissioner referred to the Commissioner tries to resolve the case.

P L D 1959 W. P. (Rev.) 106

Before H. A. Majid, Member, Board of Revenue, West Pakistan

GAMA and others‑Petitioners

versus

MOHAMMAD HUSAIN and others‑Respondents

Revision Side No. 13 of 1956‑57, decided on 7th March 1957, District Gujrat.

Punjab Tenancy Act (XVI of 1887),

S. 84‑Revision‑Board's powers not to be invoked unless party has tried to obtain redress from Commissioner‑Case sent on to Commissioner.

Muhammad Sadiq for Petitioners.

ORDER

The powers of revision as contained in section 84 of the' Punjab Tenancy Act, taking into account the adaptations and amendments which have lately taken place, can be exercised by the Commissioner of a Division as well as by the Board of Revenue. In the present case, the orders so far obtained are from the Assistant Collector and the Collector. I consider it expedient as a matter of policy that the Board of Revenue's revisional jurisdiction should not be invoked until the parties concerned have done the needful in order to obtain their redress from the Commissioner.

I, therefore, direct that this case may be transferred to the Commissioner, Rawalpindi Division, for disposal according to the law. The address of the petitioners' is already on the file.

The Commissioner will be able to send them the necessary notice at his earliest convenience.

A. H. Case transferred to Commissioner.

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