Case Details

Citation(s)
1991 SLD 1631 = 1991 CLC 1194
Lahore High Court
Writ Petition No.8286 of 1989, heard on 19th March, 1991.
Presented By: Before Irshad Hasan Khan, J
Amir Alarn Khan for Petitioner. Farooq Bedar, Addl. A.-G. with Abdul Samad Hashmi for
Respondents.

SHAUKAT ALI MEHR --- Petitioner

VERSUS

Sardar SHER AFGAN A.D.C. (G) and others --- Respondents

Law: West Pakistan Government Lands and Buildings (Recovery of Possession) Ordinance, (IX of 1966)

Section: 5

West Pakistan Government Lands and Buildings (Recovery of Possession) Ordinance (IX of 1966)--- ---- S. 5 --- Unauthorised occupant --- Ejectment of --- Petitioner, occupying plot in dispute as tenant himself gave undertaking to Government to vacate same if required by Government to construct a new hospital building at that plot-- Government later on initiated proceedings for ejectment against petitioner tenant --- Petitioner, held was bound by his undertaking and could not be permitted to take shelter behind technicalities --- Contention of petitioner that he initially entered into premises as tenant with permission of previous owner from whom Government had purchased premises in dispute and therefore he could not be treated as unauthorised occupant, was repelled. Province of East Pakistan and 2 others v. Messrs Allahwala & Co. and others P L D 1971 SC 476 ref. Amir Alarn Khan for Petitioner. Farooq Bedar, Addl. A.-G. with Abdul Samad Hashmi for Respondents. Date of hearing: 19th March, 1991. JUDGMENT The disput6; in this case relates to Flat No.1, 17-Queens Road, Lahore. It is admittedly owned by the Punjab Government. The Punjab Health Department respondent No.3, herein, initiated proceedings for ejectment of the petitioner under the Punjab Government lands and Buildings (Recovery of Possession) Ordinance IX of 1966. The petitioner claims to be a tenant under the previous owner. In this background Mr. Amir Alam, learned counsel for the petitioner relying on Province of East Pakistan and 2 others v. Messrs Allahwala. and Co. and others (P L D 1971 SC 476) contends that since the petitioner initially A entered into the' premises as   tenant with permission of the…
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