| Citation(s) |
|---|
| 2021 SLG 253 2021 SLD 253 2021 PLJ 125 |
Lahore High Court
W.P. No. 51635 of 2020, decided on 25.11.2020, Date of hearing: 25.11.2020.
CH. MUHAMMAD IQBAL, J.
Malik Mujeeb-ur-Rehman, Advocate for Petitioner. Mr. Adeel Ahmad Kamran, Asst. Attorney General for
Respondent No. 1. Mr. Kh. Muhammad Ajmal & Nasir Ahmad Awan, Advocates for
Respondents No. 2 to 4.
W.P. No. 51635 of 2020, decided on 25.11.2020, Date of hearing: 25.11.2020.
CH. MUHAMMAD IQBAL, J.
Malik Mujeeb-ur-Rehman, Advocate for Petitioner. Mr. Adeel Ahmad Kamran, Asst. Attorney General for
Respondent No. 1. Mr. Kh. Muhammad Ajmal & Nasir Ahmad Awan, Advocates for
Respondents No. 2 to 4.
MST. RAHEELA MALIK
VS
FEDERAL SECRETARY ETC.
Law: Constitution of Pakistan, 1973
Section: 199
Constitution of Pakistan, 1973-- ----Art. 199--Transfer of Evacuee Trust Property--Evacuee Trust Property--Tenancy was transferred--Tenancy rights--Deposit of tenancy fee--Issuance of letter regarding enhancement of monthly rent--Issuance of notice for reassessment of rent--Fixation of rent--Appeal--Reducing of rent--Appeal--Ex-parte disposed of--Revision petition--Withdrawal of revision petition by council of petitioner--Application of restoration of civil revision--Dismissed--Present petitioner sworn an affidavit before Federal Secretary with averment of non-authorizing any counsel to file application for restoration of her Revision Petition--Said affidavit in original is available on file of Revising Authority alongwith copy of I.D Card of petitioner--Instant writ petition was filed by one Muhammad Rafiq on behalf of Raheela Malik as her special attorney--She has not challenged order herself and also has not filed any affidavit in this regard--In clause 3 of affidavit petitioner authorized her counsel to withdraw said revision petition--Counsel for petitioner put his signatures on margin of order sheets and presumption of truth is attached to judicial proceedings--Petition was dismissed. [Pp. 127, 128, 129 130] A, B, C, D E 2002 SCMR 1336, 2004 SCMR 964 and 2008 SCMR 1611 ref. Order Through this writ petition, the petitioner has challenged the legality of order dated 09.09.2020 passed by the Secretary Ministry of Religious Affairs and Interfaith Harmony, Islamabad/Revisional Authority who dismissed application for restoration of revision petition of the petitioner. 2. Brief facts of the case are that Evacuee Trust Property Bearing No. SW-III-40-S-11 situated at Haidar Road, Krishan Nagar, Lahore, a residential-cum-commercial Sub Unit, was under tenancy of one Babu Abdul Waris son of Abdul Ghani Malik, father in law () of petitioner on monthly rent @ Rs. 771/- w.e.f 01.01.2005. After the death of her father-in-law, the tenancy was transferred with the consent of his legal heirs in favour of Abid Azeem Malik by the Administrator (E.Z), Evacuee Trust Property, Lahore vide letter dated 29.10.2014 whereafter the said rights were transferred in favour of the…
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