Law:

Section:

Allotment--- ----Failure to fulfil conditions of allotment---Cancellation of allotment---Allottee could not fulfill conditions of allotment and the same was cancelled---Allottee never appeared before the Court as a witness and had failed to prove that he approached the authorities for completion of formalities/conditions---Allottee could not unilaterally waive the conditions required to be performed---No right could be claimed without fulfilment of requisite conditions---Allotment per se did not create enforceable rights unless requisite conditions were performed which requirement was a condition precedent and survival of agreement was dependent thereupon---If conditions were not fulfilled till a specific date then allotment would be deemed or treated as cancelled without any overt act on the part of the authorities---Courts below had failed to appreciate that allotment was conditional and unless such conditions were fulfilled no vested right or conclusive allotment could be claimed by the allottee---Impugned s and decrees passed by the Courts below were set aside and suit was dismissed---Revision was allowed. Muhammad Ishaq and another v. Mst. Sufia Begum 1992 SCMR 1629 and G.R. Syed v. Muhammad Afzaal PLD 2007 Lah. 93 rel. ORDER ASIM HAFEEZ, J. is aggrieved of judgments and decrees dated 14.01.2011 and 19.09.2009, respectively passed by learned Additional District Judge, Sahiwal - whereby petitioner's appeal was dismissed - and by learned Civil Judge, Sahiwal, whereby suit of the respondents for grant of Mandatory Injunction was decreed. 2. Briefly facts, necessary for adjudication of this Revision, are that plot bearing No.47 Block-Z measuring 7 Marla - out of quota reserved for the defence/armed forces - was allotted to one Mr. Manzoor Hussain, who served in the army. The allotment letter dated 08.03.1989 is available on record, perusal whereof showed that allotment made was subject to performance of certain formalities/conditions, to be performed by 31st May, 1989, as specified in the allotment letter, failing which allotment would be deemed cancelled. The case of respondents was that despite repeatedly approaching the petitioner No.2 for completion of…

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