| Citation(s) |
|---|
| 2022 SLG 1662 2022 SLD 1662 2022 PLJ 953 |
Lahore High Court
W.P. No. 9498 of 2017, decided on 17.1.2022.
SAFDAR SALEEM SHAHID, J.
Sardar Javed Ali Dogar, Asstt.A.G. for Petitioner. Mr. Muhammad Bilal Dogar and Ms. Fauzia Yasmeen, Advocates for
Respondent No. 3.
W.P. No. 9498 of 2017, decided on 17.1.2022.
SAFDAR SALEEM SHAHID, J.
Sardar Javed Ali Dogar, Asstt.A.G. for Petitioner. Mr. Muhammad Bilal Dogar and Ms. Fauzia Yasmeen, Advocates for
Respondent No. 3.
PROVINCE OF PUNJAB and anothers
VS
ADDITIONAL DISTRICT JUDGE, JHANG and others
Law: Constitution of Pakistan, 1973
Section: 199
Constitution of Pakistan, 1973-- ----Art. 199--Acceptance of application for deposit of monthly rent--Dismissal of appeal--Refusal to accept rent--Challenge to--There was no need to frame any issue or to record evidence because it was just an application seeking permission to deposit rent--Appeal filed by petitioners was also rightly dismissed by ADJ with observation that after approval of Board of Revenue to new rates of rent proposed by Assessment Committee, Respondent will be bound to pay all arrears as well as future rent at said rate, otherwise as per terms and conditions of rent agreement he will have to face consequences--Decisions of Courts below do not create bar for authorities to proceed against lessee, if there is any violation or breach of contract on his part--Petition dismissed. Colonization of Government Lands (Punjab) Act, 1912 (V of 1912)---S. 24--Powers of District Collector--Section 24 of Colonization of Government Lands (Punjab) Act, 1912, empowers District Collector to initiate proceedings against lessee in case of any violation of lease agreement. ORDER The instant petition has been directed against the order dated 14.07.2016, whereby the learned Rent Tribunal accepted the application for deposit of rent filed by Respondent No. 3 and the judgment dated 24.11.2016, whereby the learned Additional District Judge, Jhang, dismissed the appeal filed by the petitioners. 2. Brief facts necessary for decision of the instant petition are that Respondent No. 3 filed an application before the learned Rent Tribunal with the contention that he being lessee of the petitioners from long time was paying rent at the rate of Rs. 400/- per month regularly without any default, however, they have refused to accept the rent for January, 2016, therefore, he sought permission to deposit the same as per law. 3. The petitioners contested the application on the ground of default in payment of rent from 1993 to 2015 by submitting that initially in the year 1905, the shops/houses on the land owned by provincial government were rented out as per Para No. 516-A of the Colony Manual under the supervision of Darogha at the rate of Re.1/- per marla per month; that…
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