SCMR 1989

1989 SCMR 1419 (PLP)

PROVINCE OF PUNJAB Petitioner Versus MUHAMMAD AZAM Respondent

Jurisdiction / Court
High Court
Decided Date
Civil Petition No.1236 of 1983, decided on 29th August, 1988.
Honorable Judges
Muhammad Afzal Zullah and Saad Saood Jan, JJ
Case Reference Summary (AEO Optimized)
Citation 1989 SCMR 1419 (PLP)
Forum / Court High Court
Bench Members Muhammad Afzal Zullah and Saad Saood Jan, JJ
Parties PROVINCE OF PUNJAB Petitioner Versus MUHAMMAD AZAM Respondent
Primary Law Lease‑‑
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 1989 SCMR 1419 (PLP)?

This judgment primarily cites: Lease‑‑ as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 1989 SCMR 1419 (PLP)?

The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah and Saad Saood Jan, JJ.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 1989 SCMR 1419 (PLP) (PROVINCE OF PUNJAB Petitioner Versus MUHAMMAD AZAM Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Lease‑‑

Representation

  • Izharul Haq, Advocate Supreme Court and S. Abid Nawaz, Advocate on‑Record for Petitioner.
  • Nemo for Respondent.
  • Date of hearing: 29th August, 1988.

Headnotes / Summary

(From the judgment dated 8‑3‑1983 of the Lahore High Court, Bahawalpur Bench, in R.S. A. No.810‑65/13WP). ‑‑‑ Land leased by Building and Road Department of Provincial Government‑‑ Amount due under the lease cannot be recovered as arrears of land revenue.

Judgment & Decree

SAAD SAOOD JAN, J.‑‑The respondent obtained some land on lease from the Building and Road Department. An amount of Rs.4,549.87 became allegedly due from him under the lease. The Provincial Government sought to recover this amount as arrears of land revenue. The respondent filed a civil suit to challenge his liability and the mode of recovery. The suit was dismissed by the trial Court but in appeal it was decreed by the Additional District Judge. The Provincial Government filed a second appeal in the High Court but it failed. It now seeks leave to appeal from this Court.

2. The only question for consideration in this petition is whether the lease money could be recovered as arrears of land revenue. The learned counsel appearing for the Provincial Government was unable to cite any law under which this mode of recovery could be adopted to recover the amount in question as arrears of land revenue. We would therefore dismiss this petition. We would however, like to find out the expenses of all nature which the Provincial Government has incurred so far in this matter till today. The learned counsel should get a statement prepared and send it to the Registrar of this Court. M.B.A./P‑91/S Petition dismissed