| Citation(s) |
|---|
| 1979 SLG 227 1979 SLD 227 1979 PLD 467 |
Lahore High Court
Civil Revision No. 1262 of 1978, decided on 25th October 1978.
MUHMNMAD ILYAS, J
S. Munir Hussain Naqvi for Petitioner.
Civil Revision No. 1262 of 1978, decided on 25th October 1978.
MUHMNMAD ILYAS, J
S. Munir Hussain Naqvi for Petitioner.
IRIS SAMMUEL GILLer
VS
GOVERNMENT OF PUNJAB--Respondent
Law:
Section:
West Pakistan Government Lands and Buildings (Recovery of Possession) Ordinance (1% of 1966r Ss. 2, 4, 5, 6 8t 11 (2)-Recovery of possession of Government quarter after retirement from service of allottee-Licence of such Government servant standing revoked after his retirement and instead of putting Government into possession inducting his daughter, a Government employee, and other members of his family into quarter-Daughter of ex-allottee having no vested right in quarter in dispute to be treated as an unauthorised occupant-Government entitled to evict her from quarter under provisions of Ordinance-No suit can be instituted against action of Government in regard thereto. ORDER This civil revision is directed against an order of an Additional District Judge of Lahore, whereby he dismissed the first appeal of the petitioner, Iris Sammuel Gill, against an order of a Civil Judge rejecting her plaint in a suit for permanent injunction restraining the respondent, namely, the Government of Punjab, from ejecting her from a residential quarter belonging to the Government. 2. The residential quarter in dispute was allotted to the petitioner's father, Michael Clement, when he was employed as Superintendent of Accounts in the Government Printing Press at Lahore. He retired from service in the year 1976 but he and his family continue to live in the quarter. The petitioner, who is his daughter, is also a Government employee. She applied for the allotment of the quarter in her own name but her request was turned down. Feeling aggrieved by the refusal of the Provincial Government to allot the quarter to her, she brought the suit out of which the present revision has arisen. 2. The suit was resisted by the respondent, inter alia, on the ground that she had no title to, or right in, the quarter in dispute and as such there was no cause of action in her favour. This plea was upheld by the learned Civil Judge, who was seized of the suit, and he rejected the plaint under Order VII, rule 11 of the Code of Civil Procedure. As already stated, his order has also been upheld, in appeal, by the Additional District Judge. 3. Learned counsel for the petitioner contended that under the…
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