Law: Constitution of Pakistan, 1973

Section: 199

(a) Constitution of Pakistan---- ----Art.199---Constitutional petition---Lease of government property---Suppression of facts---Effect s sought protection of the property as its owners from authorities---Validity s, who were out of possession of the subject huge government commercial property, having no right or title over it, by suppressing the real and material facts and documents, relating to the grant of lease of the subject property in relaxation of the conditions of the policy and in existence of ban imposed by the government on the disposal of the state land on lease or otherwise, had filed Constitutional petition and that too without disclosing the name of the alleged lessee in the petition, by falsely claiming themselves to be owners of the subject property---High Court observed that constitutional petition was aimed at to abuse the process of law, besides being not maintainable and also being mala fide, therefore, same was dismissed---Constitutional petition was dismissed, in circumstances. (b) Sindh Land Revenue Act (XVII of 1967)--- ----S.42---Making of that part of periodical records which relate to land owners---Scope---Mutation entry is not a document of title, which by itself does not confer any right, title or interest and the burden of proof lies upon the person in whose favour it was mutated to establish the validity and genuineness of transfer in his favour---Where the foundation is illegal and defective then entire structure built on such foundation, having no value in the eyes of law, would fall on the ground---Constitutional petition was dismissed. (c) Constitution of Pakistan--- ----Art.199---Constitutional petition---Controversial facts---Expeditious remedy---Scope  availing remedy under Art. 199 of the Constitution has to establish that he has legal right over the subject property and that his right is so clear that it leaves no room of doubt or any controversy---Exercise of extraordinary constitutional jurisdiction under Art.199 of the Constitution is intended primarily to provide an expeditious remedy in a case where the illegality of the impugned action of an Executive or other authority is floating on the surface, which can be…

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