Case Details

Citation(s)
1958 SLG 106 1958 SLD 106 1958 PLD 578
Lahore High Court
Writ Petition Case No. 321 of 1957, decided on 23rd April 1958
M. R. KAYANI, C.J. AND MUHAMMAD RAFTI, J
Muhammad Ismail Bhatti, M. A. Rahman and Ijaz Ali for Petitioner. M. B. Zaman for A. G. for
Respondent.

M. ANWAR

VS

THE GOVERNMENT OF WEST PAKISTAN and anothers M. Anwar in Person Rep. by Manioor Qadir, with

Law:

Section:

(a) Punjab Requisition of Immovable Property (Temporary Powers)'Ordinance (111 of 1955), S. 3-Government can requisition property already in its possession as a tenant or otherwise. Held, that Government can requisition property even though it may already be in its possession, whether as a tenant or otherwise. Sh. Abdul Aziz and another v. Home Secretary to West Pakistan Government P L D 1956 Lah. 1073 ref. (b) West Pakistan Requisition of Immovable Property (Tempo­rary Powers) Act (VII of 1956), S. 6 (I) (a)-Agreement means agreement entered into after requisition. Section 6 (I) (a), West Pakistan Requisition of Immovable Property (Temporary: Powers) Act (VII of 1956) covers only the agreements entered into after the building has been requisitioned and not those which were in existence before the requisition. Where Government was paying rent for premises by private agreement at Rs. 400 per month, but subsequently Government requisitioned the premises and fixed the monthly rent after notice to owner at Rs. 241, held that section 6 (1) (a) was inapplicable to such a case. (c) Rules-Requisition of property-Rules not framed when property requisitioned-Rules subsequently famed-Effect on requisition. In a case of requisition of premises under S. 3 ' of the Punjab Requisition of Immovable Property (Temporary Powers) Ordinance (II1 of 1955), at a date when Rules under the Ordinance had not yet been framed, the High Court, considering the question of observance of the Rules which were subsequently framed, remarked that what was prescribed in the relevant Rules could not obviously have been observed in regard to the requisition in question as that stage had passed before the Rules came into force. JUDGMENT MUHAMMAD RAFIQ, J.-The petitioner, Mr. Muhammad Anwar, Barrister-at-Law, Lahore, owns Bungalow No. 46, Empress Road, Lahore, which is a double storied building. From 1st April 1955, its lower portion was taken by Mr. M. A. K. Tareen, Superintending Engineer, 1st Rehabilitation Circle, Lahore, on a monthly rent of Rs. 400 for the use of his depart­ment. On the 9th September following, the department shifted to another building and on the next day the Government of West…
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