Law: Central Government Lands and Buildings (Recovery of Possession) Ordinance, 1965

Section: 3 , 9

Central Government Lands and Buildings (Recovery of Possession) Ordinance (LIV of 1965)-- ---Ss. 3 & 9---Eviction of lessee---Issuance of notice---Agreement of lease, executed between petitioner/lessee and Government in respect of premises owned by Government, having come to end and same having not been renewed,respondent Authority (Commander of Karachi) duly empowered by Government, held, had rightly issued ejectment notice to outgoing lessee in exercise of power of Government and no exception could be taken to issuance of that notice which was intra vires the Ordinance. MA. Naser v. Chairman, Pakistan Eastern Railways P LD 1965 SC 83 ref. Syed Inayat Ali for Petitioner. SA. Wadood, Dy. A: G. for Respondent. Date of hearing: 5th September 1989. JUDGMENT MUKHTAR AHMED JUNEJO, J.--Under this Constitutional Petition M/s. Haq Brothers a firm has challenged a notice of ejectment dated 29-8-1989 issued by the respondent under Section 3 of Central Government Lands and Buildings (Recovery of Possession) Ordinance, 1965 read with amending Ordinance X of 1984 (hereinafter referred to as the Ordinance). According to the petition, petitioners M/s. Haq Brothers are occupying since 1975. Shop No .4-A and an open space attached to it situated at the Karsaz Commercial Complex, Shahrahe Faisal, Karachi, as tenants in occupation and use of the same. Earlier the petitioners had filed suit No .413 of 1988 against the respondent, which was disposed of on 28-8-1989 on the statement given by Counsel for the respondent that he would not enter the premises in litigation without giving an opportunity to the petitioners of being heard. Later on the petitioners were given by the Respondent a notice under section 3 of the %~finance requiring them to appear before the respondent and to explain as to they should not dispossessed from the shop and the open space in litigation, which was in their unauthorized possession. Said notice was challenged by the petitioners to be illegal and without lawful authority and of no legal effect on the grounds: (a) that .such notice can be issued only by the Federal Government and not by the Commander Karachi who was not Federal Government, (b) that the…