| Case ID |
d5082732-d463-4985-ae8b-bac3dca91e8a |
| Body |
View case body. Login to View |
| Case Number |
Writ Petition No. 18227 of 2005 |
| Decision Date |
Nov 03, 2006 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the petition filed by Muhammad Ali challenging the cancellation of his lease for state land. The court found that the petitioner was recorded as an illegal occupant in the revenue records and could not substantiate his claim to retain or repossess the land after the lease period expired. The court emphasized that the petitioner had no rights to the land as the lease was under a temporary cultivation scheme which had already been allocated to another party. The court clarified that any rights to allotment could only be pursued through the relevant authorities rather than through constitutional jurisdiction. Consequently, the petition was deemed devoid of merit and was dismissed. |
| Summary |
In the case of Writ Petition No. 18227 of 2005, the Lahore High Court addressed a petition concerning the cancellation of a lease for state land. The petitioner, Muhammad Ali, claimed he was still in possession and had been paying 'Tawaan', but the court found that he was recorded as an illegal occupant in the revenue records. The initial lease granted in 2001 had expired in 2002, and the land had since been allocated under the Islamabad Oustees Scheme. The court ruled that the petitioner could not claim allotment rights after the lease expired, emphasizing the importance of adhering to legal frameworks governing land leases. This case highlights the significance of proper documentation and the legal implications of lease agreements under the Transfer of Property Act, particularly regarding rights to state land. The ruling reinforces the principle that tenants must comply with the terms of their leases and seek recourse through appropriate channels when disputes arise. Key terms such as 'lease cancellation', 'state land rights', and 'Transfer of Property Act' are central to this case and relevant for legal practitioners and scholars studying property law. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD MUZAMMAL KHAN
|
| Lawyers |
Hassan Ahmed Khan Kanwar,
Gohar Siddiquie Advocate for A.A.G.,
Jahangir A. Jhoja
|
| Petitioners |
MUHAMMAD ALI
|
| Respondents |
2 OTHERS,
DISTRICT OFFICER (REVENUE)/ COLLECTOR, OKARA
|
| Citations |
2007 SLD 1207 = 2007 MLD 1187
|
| Other Citations |
Ali Muhammad and 13 others v. Province of West Pakistan and another PLD 1969 Lah. 951
|
| Laws Involved |
Transfer of Property Act, 1882,
Constitution of Pakistan, 1973
|
| Sections |
111,
199
|