1998 PLP 1151 (MLD)
JAN MUHAMMAD — Petitioner Versus MUNICIPAL CORPORATION, FAISALABAD — Respondent
| Citation | 1998 PLP 1151 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | JAN MUHAMMAD — Petitioner Versus MUNICIPAL CORPORATION, FAISALABAD — Respondent |
Q1: What are the key laws and sections cited in 1998 PLP 1151 (MLD)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1998 PLP 1151 (MLD)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1998 PLP 1151 (MLD) (JAN MUHAMMAD — Petitioner Versus MUNICIPAL CORPORATION, FAISALABAD — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Malik Amjad Pervaiz for Petitioner.
- Ch. Ali Muhammad for Respondent.
Headnotes / Summary
Rr. 2 & 4
Civil Procedure Code (V of 1908), O. XXXIX, Rr. 1 & 2
Lease for collection of lease money for cycle stand expiring on 30-10-1997-- Plaintiff filing suit for declaration that he was entitled to retain lease on basis of letter (Notification) dated 17-7-1982 for next five years after payment of enhanced 10 per cent. lease money
Plaintiff's prayer for interim injunction was granted by Trial Court
Appellate Court set aside order of interim relief on the ground that plaintiff had based his suit on impugned notification dated 17-7-1982, which stood overruled after enforcement of Punjab Local Councils (Lease) Rules, 1990
Plaintiff's contention that Punjab Local Councils (Lease) Rules, 1990 had not superseded Notification dated 17-7-1982, was without force
Framers of Punjab Local Councils (Lease) Rules, 1990 had discouraged lease through negotiation
Lease being grant could not create any right in favour of lessor
No legal infirmity in judgment of Appellate Court, having been pointed out no interference was warranted in the same
Plaintiff was not found entitled to interim injunction in circumstances.
Judgment & Decree
3. The contention raised by the learned counsel for the petitioner is not convincing as the copy of Letter No. S-111/2-11/80, dated 17-7-1982 on the subject "Leasing out of Municipal Shops and other Commercial Units" allows in supersession of the existing instructions contained in this Department's memorandum dated 31-7-1980 that after a period of expiry of leases the lease is allowed to remain with the lessee subject to 10% increased in rent up to a period of 5 years and if the condition of negotiation is not acceptable to the lessees or parties concerned fail to arrive at an agreed decision before the expiry of the lease period the shops/commercial units should be resumed and re-auctioned according to the prescribed procedure.
4. The Punjab Local Councils (Lease) Rules, 1990 came into force on 11th April, 1990, Rule 2 is reproduced as under:--
2. Lease of collection rights.--A Local Council may lease out by public auction for a period not exceeding one year, the collection rights of tax, fee, rate, toll, cess or other charges levied by a Local Council." and Rule 4 prescribes procedure of auction where it is provided that: Rule
(1) For the conduct of an auction a public notice not less than one daily newspaper and at least seven days before the date fixed for auction shall be given by the Local Council. (2) The notice shall contain the date of the meeting of the Local Council to be held for considering the acceptance of bids made in an auction: Provided that if the said meeting is not held for any reason then the meeting shall be held within seven days of the date of the auction: Provided further that the first auction for the relevant year shall be held at least two months before the start of the financial year and no subsequent attempts, if any, shall be made after fifteen days from the first attempt. (3) No lease shall be granted through negotiation, persuasion or any method other than open auction unless two attempts of auction have been made. (4) ......................... (5) ......................... The contention of learned counsel for the petitioner that these rules have not superseded the Notification, dated 17-7-1982 is without force. The framers of Punjab Local Councils (Lease) Rules, 1990 have discouraged the negotiation as envisage in Rule 4(3) and lease being a grant cannot create any right in favour of the lessor, therefore, finding no legal infirmity in the judgment of the learned Appellate Court the instant Civil Revision is dismissed in limine. A. A. /J-35/L Revision dismissed.