Law:

Section:

Constitution of Pakistan (1973)-------Art. 199(1)(a)(i)---Writ of mandamus, issuance of ---Requirements--­ Existence of a legal right is the foundation of writ of mandamus and the petitioner has to be an aggrieved person---Petitioner, in order to succeed in obtaining relief by way of writ of mandamus must satisfy the Court that he, had a legal right to compel the performance of the duty and the, person against whom right was sought was under a legal obligation to perform that duty---Discretion in Constitutional jurisdiction could not be exercised in favour of a petitioner who could not himself take benefit of order given by the Court---Petitioner being not aggrieved party within meaning of Art.199(1)(a)(i) of Constitution of Pakistan, petition filed by him was not maintainable. Petitioner in person. ORDER He has been heard. 2. Brief facts' of this writ petition are that house of the petitioner is situated opposite to Plots No.217-E and E-1, which were obtained by Mst. Salma Anwaat; respondent No.4, for residential purpose on lease from Military Estates Officer (respondent No.3). She converted the said premises into schools, in violation of the terms and conditions of the lease, which became a source of nuisance to the petitioner and his family; consequently the petitioner was constrained to enter into a protracted litigation with respondent No.4 which eventually culminated in his favour; resultantly respondent No.4 vacated the said premises. 3. Grievance of the petitioner is that respondent No.3 is not taking action against respondent No.4 for violating the terms and conditions of the lease as is provided in.the lease contract. Prayer in…

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