Haji PERVEZ vs SECRETARY WORKERS WELFARE BOARD, PESHAWAR Ss — 2021 CLC 1114 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 CLC 1114 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: CLC
Parties: Haji PERVEZ vs SECRETARY WORKERS WELFARE BOARD, PESHAWAR Ss
Subject matter: Civil
Provisions referred to: S. 108; Property Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Haji PERVEZ VS SECRETARY WORKERS WELFARE BOARD, PESHAWAR Ss.105 & 108---Lease---Determination---Landlord and tenant relationship---Petitioners claimed to be lessee of authorities and assailed notification to vacate shops in their possession---Validity---Question whether an instrument amounted to lease or was only agreement to obtain lease, depended on intention of parties, which was to be gathered from the instrument as a whole, the circumstances in which it was executed and even from the conduct of parties---If shops in questions were allotted to petitioners, then terms and conditions of respective rights and liabilities were to be governed by agreement / allotment order as provided in S.108 of Transfer of Property Act, 1882---In absence of any such agreement / contract or lease deed, a tenant-at-will was not recognized as lessee under Transfer of Property Act, 1882---Such person could not claim any right as lessee for he was not tenant for any certain period---Tenant-at-will was not liable to pay any rent but was liable to pay compensation for such use and occupation---In case of lease, respective right and liabilities were regulated in accordance with provisions of S.108 of Transfer of Property Act, 1882---High Court declined to interfere in notification issued by authorities---Constitutional petition was dismissed, in circumstances.

Other judgments reported in 2021 CLC

2021 CLC 2042 PESHAWAR-HIGH-COURTAMIR ZADA VS Mian ZAMIN KHAN Non-obstante clause, over-riding factor of---Non-obstante clause was a legislative tool employed to give an ove…
2021 CLC 2042 PESHAWAR-HIGH-COURTAMIR ZADA VS Mian ZAMIN KHAN Procedural laws, retrospective effect of---Procedural laws normally have a retrospective effect, unless provide…
2021 CLC 746 PESHAWAR-HIGH-COURTMst. BIBI ROZA VS WALI-UR-REHMAN S.12(2)---application under S.12(2) C.P.C---Framing of issues---Scope---Though application under S.12(2) of…
2021 CLC 1813 SUPREME-COURT-AZAD-KASHMIRTAHIR AYUB VS NAEEM AYUB S.122---Specific Relief act (I of 1877), Ss.42 & 12---"Gift"---Counter deeds---Registered document, evidentiary val…
2021 CLC 1813 SUPREME-COURT-AZAD-KASHMIRTAHIR AYUB VS NAEEM AYUB 'Hiba', defined---Essentials of---Delivery of possession, over-riding effect of---Hiba was an unconditional transfe…
2021 CLC 1813 SUPREME-COURT-AZAD-KASHMIRTAHIR AYUB VS NAEEM AYUB 'Gift', essentials of---Declaration, delivery of possession and without consideration---Any deed which involved any…

Back to the case-law library · Search Pakistani case law in Urdu or English