Law:

Section:

(a) Constitution of Pakistan (1973)- .-- Art. 185 (3)-West Pakistan Government Dues Recovery Ordinance (XXII of 1962), S. 3 (1) read with Revenue Recovery Act (I of 1890), Ss. 3, 4 & 5-Leave to appeal granted to examine whether a claim simpliciter could not be converted into dues until same was established as required by law and justice to be paid as dues. (b) West Pakistan Land Revenue Act (XVII of 1967)- ---Ss. 90 & 91-Revenue Recovery Act (I of 1890), Ss. 3, 4 & 5 read with West Pakistan Government Dues Recovery Ordinance (XXII of 1962), S. 3 (1)-Recovery of dues as land-revenue-Machi­nery provisions of Revenue Act-Held, could only be set into motion after claim had actually ripened into "dues" and determined on basis of some adjudication in accordance with law and justice-[Noor Muhammad v. The Province of West Pakistan P L D 1966 (W P) B J 19 held not applicable]. Abdul Latif v. The Government of West Pakistan and others P L D 1962 S C 384 and Noor Muhammad v. The Province of West Pakistan P L D 1966 (W P) B J 19 ref. Noor Muhammad v. The Province of West Pakistan P L D 1966 (W P) B J 19 held not applicable. Ch. Muhammad Aslam Chattha, Advocate-on-Record for Appellant. Shahid 1qbal, Asstt. A.-G. (Punjab) for the State. Date of hearing: 27th June, 1982 . JUDGMENT S. A. NUSRAT, J.-This appeal by special leave of this Court is directed against the judgment of a learned Division Bench of the High Court of West Pakistan, Lahore, dated 9-2-1970. The brief facts of the case, shortly stated, are as under:- The appellant was leased out 30 acres of agricultural land by the Canal Department, Khanki Division, Tehsil Wazirabad, District Gujranwala, pursuant to a public auction on 27-3-1967 for a sum of Rs. 16,000 for the period Kharif 1967-Rabi 1970. A sum of Rs. 1,600 was paid by the Appellant as earnest money at the time of auction, which was subject to the approval of the Superintending Engineer, West Circle, Lyallpur. The appellant was neither informed about the approval of the auction nor Was delivered possession of the leased land. The second respondent, however initiated proceedings against the appellant for the recovery of Rs. 8,000 on account of…

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