Law:

Section:

(a) Punjab Local Government Ordinance (VI of 1979)-------S. 141---West Pakistan Land Revenue Act (XVII of 1967), Ss. 81 & 82--­Lease money due to local council---Mode of recovery--Provisions of Ss.81 & 82, West Pakistan Land Revenue Act, 1967---Applicability---Punjab Local Government Ordinance, 1979 did not empower Local Council to recover contractual amount through process of West Pakistan Land Revenue Act, 1967---Party to contract either could file suit for rendition of account or for recovery of such amount as damages---Payments due on account of contract without determining liability through civil suit, could not be recovered as money payable under S. 141, Punjab Local Government Ordinance, 1979. Ali Ahmad & Company v. Municipal Committee, Pasrur and others 1986 MLD 628; Sardar Muhammad and another v. Chairman, Town Committee, Sadiqabad and others PLD 1962 (W.P.) B J 8 and Haji Syed Habibullah and another v. The Municipal Committee, Quetta through the Administrator, Municipal Committee PLD 1977 Quetta 71 ref. (b) Punjab Local Government Ordinance (VI of 1979)--- ----S. 141---West Pakistan Land Revenue Act, 1967, Ss.81 & 82---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Payment/recovery of lease money---Mode of recovery---Lease money being contractual amount, unless liability of petitioner was ascertained in proper manner through process of civil suit, petitioner could not be deemed to be responsible for payment of such amount---Petitioner having allegedly collected specified fee on basis of contract, such amount was not claimable as money payable under S.141, Punjab Local Government Ordinance, 1979---Money recoverable as arrears of and revenue being different from a claim of amount under contract, recovery of contractual amount was only possible through civil suit---West Pakistan Land Revenue Act, 1967 being inapplicable in such a matter, provisions thereof, were not invocable for recovery of amount in question as arrears of land revenue--­Process of recovery through West Pakistan Land Revenue Act, 1967 was declared to be without lawful authority and of no legal effect in circumstances. JUDGMENT The petitioner…

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