| Citation(s) |
|---|
| 2005 SLG 1192 2005 SLD 1192 2005 CLC 497 |
Sindh High Court
Suit No.1094 of 1989, decision dated: 19-03-2004.
GULZAR AHMED, J
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Suit No.1094 of 1989, decision dated: 19-03-2004.
GULZAR AHMED, J
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Syed RAUNAQ RAZA through L.Rs. --Plaintiffs
VS
THE PROVINCE OF SINDH through Senior Member, Board of Revenue, Government of Sindh, Hyderabad and 2 others----Defendants
Law:
Section:
(a) Colonization of Government Lands (Punjab) Act (V of 1912)-------S. 10---Specific Relief Act (I of 1877), Ss.42 & 55---Suit for declaration and permanent injunction---Lease of State land---One of the legal heirs of the deceased lessee could maintain a suit for the benefit of all the legal heirs who were co-lessees in the land in question. (b) Colonization of Government Lands (Punjab) Act (V of 1912)--- ----S. 10---Statement of Conditions For Grant of Sate Land in Local Limits of Karachi, Condition 25(1)---Specific Relief Act (I of 1877), Ss.42 & 55---General Clauses Act (X of 1897), S.24-A---Suit for declaration and permanent injunction---Lease of State land for building purpose---Renewal---Power vested in the Government functionary had to be exercised reasonably, fairly, justly and for the advancement of the purpose of the enactment under which it is exercised---Question as to whether the requirements of relevant law relating to lease had been fulfilled or not was to be seen from the order impugned by the lessee--Where the order refusing the renewal of lease simply mentioned "that your request for renewal of the lease had been refused", and why the same had been refused was not mentioned, particularly, when there was a stipulation of renewal of 20 years, the giving of reasons was all the more necessary---Where the alleged violations by the lessee were not mentioned in the impugned order, even if assuming that alleged violations were the reasons for non-renewal of lease, then it again became all the more necessary for the department to give hearing to the lessee, which admittedly was not given---Terms of Condition 25(1) of the Statement of Conditions which provision was in the field on the date of termination of initial period of lease, the lessees and other legal heirs of the deceased lessee were entitled to the renewal of lease for another period of 20 years on the revised rates of increased rent determined by the Deputy Commissioner as word "shall" had been used in Condition 25(1) to give the Condition a mandatory force so that it was applied in every case of existing lease without any difference or distinction---Government in circumstances, was…
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