Law: Transfer of Property Act, 1882

Section: 111

Law: Constitution of Pakistan, 1973

Section: 199

Transfer of Property Act (IV of 1882)--- ----S. 111---Constitution of Pakistan (1973), Art.199---Constitutional petition---Lease of State land---Cancellation of lease---Petitioner being lessee of State land had challenged order whereby land under lease was allotted to respondent---Petitioner was recorded as illegal occupant of land in the Revenue papers which was leased out to him for one year which period had expired---Petitioner could not refer to any Scheme entitling him to retain or repossess land in question---Land on lease with the petitioner under Temporary Cultivation Scheme, was allocated for Islamabad Oustees Scheme and was no more available for allotment to petitioner---Petitioners, for his right of allotment of land as an evicted tenant, could approach concerned official/Authority as that exercise could not be undertaken in constitutional jurisdiction of High Court---Petitioner had no right of allotment after efflux of time limited for his lease under S.111 of Transfer of Property Act, 1882, especially when he was no more in possession of the same. Ali Muhammad and 13 others v. Province of West Pakistan and another PLD 1969 Lah. 951 ref. THIS ORDER PASSED BY: MUHAMMAD MUZAMMAL KHAN, J.--- Petitioner being lessee of State land, challenged order, dated 15-10-2005, whereby land under his lease was allotted to respondent No.3 with claim that he still continues to be in possession as lessee and had been paying "Tawaan". Revenue record in form of Khasra Girdaweri revealed that petitioner was recorded as illegal occupant of the land which was leased out to him in the year, 2001 for a one year period and consequently lapsed in the year,…

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