Law:

Section:

Punjab Local Government Ordinance (VI of 1979)------S. 3(xivi) & Second Sched.---Right to collect entry fee---Right to collect entry fee was given to petitioner, but subsequently by virtue of another agreement between petitioner and respondent, such right was taken by respondent and said agreement was endorsed and signed by the Chairman. Town Committee who issued the certificate exonerating petitioner from any liability under the earlier agreement---Agreement was also arrived at between the respondent and the Town Committee whereby' amount due to Town Committee was agreed to be recovered from the respondent---Town Committee subsequently Issued notice to petitioner for recovery of outstanding amount on account of contract--Another such notice was also issued to respondent--Validity---Town Committee could not seek to recover amount both from petitioner and respondent separately---Either it had to be recovered from the petitioner or from respondent, but when respondent had asserted that it was he who was the contractor and that position was admitted by the Town Committee as well. Committee could not issue any recovery notice to the petitioner---In view of conspicuous omission and non-reading of evidence, and decree of Appellate Court could not sustain and thus were set aside. Ch. Inayatullah for Petitioner. Syed Suleman Haider and Mian Muhammad Hanif for Respondents. Date of hearing: 15th October, 2002. JUDGMENT Vide agreement dated 24-11-1991, right to collect the entry fee was given to the petitioner. Subsequently, by virtue of another agreement between the petitioner and respondent No. 1, it was postulated that such right in fact have been taken by respondent No. 1, rather than petitioner, who was only a Benamidar. This agreement is endorsed and signed by the Chairman of the Town Committee, Hujra Shah Mokeem (respondent No.2). Besides a certificate Exh.P.3, was also issued by the Chairman exonerating the petitioner from any liability under the agreement dated 24-11-1991. 2. Subsequently, respondent No.1 instituted a suit against the Town Committee, Hujra Shah Mokeem, alleging that claims of some outstanding amount under the agreement, are illegal and…

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