Case Details

Citation(s)
1979 SLG 512 1979 SLD 512 1979 SCMR 179
Supreme Court of Pakistan
Civil Petition No. 589 of 1978, decision dated: 23rd November 1978.On appeal from the judgment and order dated 30 9 1978 of the Lahore High Court at Lahore in Writ Petition No. 4357 of 1978
ANWARUL HAQ, C.J., MUHAMMAD AKRAM, KARAM ELAHEE CHAUHAN AND NASIM HASAN SHAH, JJ
Ch. Muhammad Yaqub Sidhoo, Advocate Supreme Court instructed by Iqbal Ahmad Qureshi, Advocate on-Record for Petitioner. Nemo for
Respondents

SAKHI MUHAMMAD

VS

CHAIRMAN, DISTRICT COUNCIL, SHEIKHUPURA AND ANOTHER

Law:

Section:

Contract Act (IX of 1872)------S. 37 Breach of terms of agreement Petitioner merely an allottee of land in dispute and his status merely that of a licensee under respondent Licence revocable on one month's notice as laid down in agreement between parties Petitioner, held, could not legally challenge validity of notice served on him for his ejectment.¬[Agreement Notice]. ORDER MUHAMMAD AKRAM, J. A plot of land measuring 12 marlas comprised in Killa No. 11/2 of Square No. 17 situated in village Buchaiki, Tehsil Nankana Sahib, District Sheikhupura belongs to the Provincial Government and its management is vested in the District Council Sheikhupura. It is stated that the petitioner has been in occupation of this plot under the District Council for the last seven years. In respect of the year 1976 77 the plot was allotted to the petitioner by the District Council on the terms and conditions of the agreement dated 9th of August 1977 executed by him in favour of the District Council. It was agreed by the petitioner that he shall be liable to pay the annual rent at the rate of Rs. 60 per mensem, that the future yearly rent shall be payable in advance and that he shall be liable to ejectment on one month's notice served by the District Council. His allotment was also liable to be cancelled forthwith for any breach of the terms of the agreement. On the 31st of August 1978 the District Council served a notice on the petitioner alleging that he had failed to pay the rent for the year 1976 77 in advance in spite of the notice and that he bad raised unauthorised construction on…
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