| Citation(s) |
|---|
| 2025 SLG 3354 2025 SLD 3354 |
CR No.86-B/2023
Dr. Khurshid Iqbal, J
Date of hearing: 27.01.2025 For petitioner(s): Mr. Sardar Naeem Khan Advocate For respondent(s): Pir Nadeem Ullah Shah Advocate
Saif Ullah Khan through LRs
VS
Joint Director, Small Industrial Development Board, Peshawar, etc.
Law: Contract Act (IX of 1872)
Section: 55
Law: Specific Relief Act, 1877
Section: 39
REMARKS
Revision Petition.
Held:
A lease deed in respect of an allotted plot cannot be unilaterally cancelled merely through an office order issued by the issuing authority/Lessor. Such cancellation can only be effected in accordance with the procedure prescribed under section 39 of the Specific Relief Act, 1877.
(Revision Petition allowed).
Summary:
Two connected revision petitions challenged the cancellation of a 99-year industrial lease by executive office orders. The court held that under Section 55 of the Contract Act, 1872, if time is of the essence and the lessee fails to perform, the lease may be voidable, but cancellation must follow due process. Under Section 39 of the Specific Relief Act, 1877, only a court can cancel a registered instrument; unilateral administrative cancellation is illegal. As the respondents failed to follow this procedure, the cancellation orders were void. The court decreed the suits regarding the plots in favor of the petitioners and upheld the trial court’s findings on the affidavit being fake.