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Keywords: Constitution, Ejectment, Provisions, Proceedings, Petition, Petitioner, Office, Set Aside, Precedent, Inter Alia, Property, Impugned Order, Division, Good Faith, Rent, Payment Of Rent, Exercise Of Powers, Relief, High Court, Premises, Extraneous, Parties, Landlord, Tenant, Payment, Education Department, Order, Locus Standi, Costs, Notification, Government, Immovable Property, Rent Controller, Consideration, Extraneous Consideration, Province, Dispute, Possession, Educational Institutions JUDGMENT IRSHAD HASAN KHAN, J- This petition under Article 9 of the Provisionary Constitution Order,1981, calls in question Notification dated 19.1.1982 issued by the Secretary to the Government of the Punjab, Home Department in the purported exercise of his powers vesting in him under section 3 of the West Pakistan Requisitioning of Immoveable Property (Temporary Powers) Act (No.VII of 1956) read with West Pakistan Notification No. Jul. 1-12(10)/61 dated 15.6.1962, whereby; property No.SE-VI-29-S/9/B, Govt. Abu UI Khair Girls Middle School Garhi Shahu Lahore, was requisitioned for an educational institution. 2. The background of this case is that Mian Muhammad Aslam petitioner landlord had let out premises in dispute to Abu UI Khair Primary School. It was however, nationalised in 1972 and the Province of the Punjab through the Secretary; Education became the tenant by operation of law. The Education Department allegedly paid the rent to the petitioner landlord for some the and thereafter made I default in the payment of rent due from February 1978 to January, 1979. The petitioner landlord thereupon was constrained to file an application under section 12, (6) of the Punjab Urban Rent Restriction Ordinance, 1959, on 7.2.1979 on the ground of default. The Punjab Government resisted the application and inter alia took a preliminary objection to the effect that the disputed premises were owned by one Muhammad Sadiq, who gifted the same to Anjuman Islah-e-Muashrah, a welfare association and possession was also handed over to them. 3. During pendency of the ejectment proceedings and to defeat the same, the Punjab Government requisitioned the property in dispute. The learned…

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