Law: Scheme for the Lease of Evacuee Trust Agricultural Land, 1975

Section: Para.18(a)(b)

Law: Constitution of Pakistan, 1973

Section: 199

(a) Scheme For Lease of Evacuee Trust, Agricultural Land, 1975--- ----Para. 18(a)(b)----Constitution of Pakistan, Art. 199---Constitutional petition---Extension of lease rights---Evacuee trust land was leased to the husband of petitioner for three years---Deputy Administrator, Evacuee Trust Property transferred lease holding rights in favour of the petitioner on the application of petitioner's husband, the original lessee---Assistant Administrator, Evacuee Trust Property dismissed petitioner's application for extension of lease holding rights---Revision and appeals filed by petitioner before Auqaf authorities were also dismissed---Validity---Lease was never extended in favour of petitioner by the competent Authority under Para.18(a) and Para.18(b) of the Scheme For Lease of Evacuee Trust Agricultural Land, 1975 was not entitled to possession of the property as lessee, as neither her husband had died nor she or her husband had been in continuous cultivating possession since 1974---In the presence of original leaseholder, any order to transfer the land was illegal and her husband took illegal benefit of the disputed property for least 14 years---One who sought equity must have done equity---Illegal occupant was not entitled to have any discretionary relief---Constitutional petitions was dismissed. (b) Equity--- ----Equity---One who seeks equity must do equity---Illegal occupant was not entitled to any discretionary relief. 2010 SCMR 1078 and 2007 SCMR 262 ref. THIS JUDGMENT DELIVERED BY: MUHAMMAD NASEEM AKHTAR KHAN, JUSTICE:---.--- Through this constitutional petition the petitioner has challenged the orders dated .2-9-1999, 18-8-1999 and 16-3-1999 passed by respondents Nos.1 to 3 respectively, being illegal, without lawful authority and ineffective upon the rights of the petitioner and the same are liable to be set aside. 2. Brief facts of the case are that the Evacuee-Trust-Land (Lot No.6) comprising 13 Acres, 6 Kanals and 4 Marlas situated in Mauza Lal Bhatti, Tehsil Khairpur Tantewali District Bahawalpur was leased out through open auction on 25th of May, 1993 to the husband of the petitioner namely Muhammad Asian son of Sher Muhammad for a period of three…

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