ZAHOOR ALI SHAH vs BOARD OF REVENUE, PESHAWAR Ss — 2021 CLC 1483 PESHAWAR-HIGH-COURT

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ZAHOOR ALI SHAH VS BOARD OF REVENUE, PESHAWAR Ss.4 & 4-a---Specific Relief act (I of 1877), Ss.9, 42 & 54---Suit for possession, declaration and injunction---Occupancy tenant---Conversion of suit from declaration to recovery of possession---Principle---Petitioners-plaintiffs filed suit on the plea that they were occupancy tenants over suit land---Trial Court as well as Lower appellate Court dismissed suit and appeal filed by petitioners-plaintiffs---Validity---Petitioners-plaintiffs could claim benefit of Ss.4 & 4-a of Khyber Pakhtunkhwa Tenancy act, 1950, if any decree from Court of competent jurisdiction was passed in their favour---Certain specific time was provided to occupancy tenants for conversion of their status from occupancy tenants to owners and the same was extended from time to time but it had ended in year, 1992---If an occupancy tenant got himself declared as owner of property, then ultimately his status could be considered as such, otherwise provisions of Ss.4 & 4-a of Khyber Pakhtunkhwa Tenancy act, 1950 could not help anyone---after ceiling date, no one could claim benefit of Ss.4 & 4-a of Khyber Pakhtunkhwa Tenancy act, 1950, and could not be declared as owner---Status of occupancy tenant, after ceiling dated was that of tenant at will, subject to the permission and consent of the owner---For conversion of declaration to suit filed under S.9 of Specific Relief act, 1877, contents of plaint of suit were of worth perusal, wherein not only a specific date for dispossession was to be given but the same also required to be proved---Decision of a suit filed under S.9 of Specific Relief act, 1877, was not appealable in such circumstances---High Court in exercise of revisional jurisdiction declined to interfere in concurrent findings of facts by two Courts below---Revision was dismissed in circumstances.

ZAHOOR ALI SHAH vs BOARD OF REVENUE, PESHAWAR Ss — 2021 CLC 1483 PESHAWAR-HIGH-COURT

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