1987 PLP 849 (SCMR)
MUHAMMAD ABDULLAH KHAN‑‑Petitioner Versus THE COLLECTOR/ DEPUTY COMMISSIONER‑‑Respondent
| Citation | 1987 PLP 849 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zullah, JJ |
| Parties | MUHAMMAD ABDULLAH KHAN‑‑Petitioner Versus THE COLLECTOR/ DEPUTY COMMISSIONER‑‑Respondent |
Q1: What are the key laws and sections cited in 1987 PLP 849 (SCMR)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1987 PLP 849 (SCMR)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1987 PLP 849 (SCMR) (MUHAMMAD ABDULLAH KHAN‑‑Petitioner Versus THE COLLECTOR/ DEPUTY COMMISSIONER‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Khan Muhammad Aslam Khan, Advocate Supreme Court (absent) with S. Abid Nawaz, Advocate‑on‑Record for Petitioner.
- Nemo for Respondent.
- Date of hearing: 20th January, 1987.
Headnotes / Summary
(From the judgment/order of the Lahore High Court, Lahore, dated 14‑11‑1979 passed in I.C.A. No. 212 of 1978). Punjab Government Lands and Buildings (Recovery of Possession) Ordinance (IX of 1966)‑‑ ‑‑‑S.5‑‑Constitution of Pakistan (1973), Art.185(3)‑‑Eviction from Government land for public purposes‑‑Petitioner claiming to be allottee- in‑possession of land since the time when it was evacuee and had later become Government property‑‑Plea that petitioner had become tenant of Government not sustained‑‑Counsel being unable to satisfy Court that petitioner had become tenant under Government either through operation of any law or on account of any contract‑‑Petitioner having no right to retain possession, his petition for leave to appeal dismissed.
Judgment & Decree
‑‑‑S.5‑‑Constitution of Pakistan (1973), Art.185(3)‑‑Eviction from Government land for public purposes‑‑Petitioner claiming to be allottee- in‑possession of land since the time when it was evacuee and had later become Government property‑‑Plea that petitioner had become tenant of Government not sustained‑‑Counsel being unable to satisfy Court that petitioner had become tenant under Government either through operation of any law or on account of any contract‑‑Petitioner having no right to retain possession, his petition for leave to appeal dismissed. Khan Muhammad Aslam Khan, Advocate Supreme Court (absent) with S. Abid Nawaz, Advocate‑on‑Record for Petitioner. Nemo for Respondent. Date of hearing: 20th January, 1987. Leave to appeal has been sought from judgment dated 14‑1‑1979 of the Lahore High Court; whereby an Intra‑Court Appeal filed by the petitioner relating to his eviction from Government land, was dismissed.
2. It is not denied that the land in question which was originally evacuee land had become Government land on account of exchange made between the Custodian Evacuee Property and the Provincial Government. The petitioner claims to be the allottee of the land when it was evacuee property. He further claimed to have remained in possession even when it became Government property. When the petitioner was sought to be evicted by the Government for public purpose the petitioner resisted on the ground that he had become the tenant under the Government. His plea having failed up to the High Court in its Constitutional jurisdiction, he has now sought leave to appeal.
3. Learned counsel has not been able to satisfy us that the petitioner had become tenant under Government either through operation of any law or on account of any contract. He had no right whatsoever to retain the possession.
4. There is no force in this petition and the same is dismissed. M. I. /M‑68/S Petition dismissed.