PROVINCE OF PUNJAB through Additional District Collector, Jhang vs ADDITIONAL DISTRICT JUDGE, JHANG S

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PROVINCE OF PUNJAB through Additional District Collector, Jhang VS ADDITIONAL DISTRICT JUDGE, JHANG S.20---Colonization of Government Lands (Punjab) Act (V of 1912), S.24---Constitution of Pakistan, Art.199---Constitutional petition---Application for deposit of rent---Power of imposing penalties for breach of conditions---Alternate remedy, availability of---Scope---Respondent (tenant) filed an application before the Rent Tribunal with the contention that he being lessee of the petitioners (landlords) from long time was paying rent without any default, however, they refused to accept the rent for January, 2016, therefore, he sought permission to deposit the same as per law---Rent Tribunal accepted the application and directed the respondent to deposit the rent for the year 2016 and in the meanwhile restrained the petitioners from ejecting the respondent---Petitioners assailed the order passed by Rent Tribunal through an appeal, which was dismissed---Validity---Section 24 of Colonization of Government Lands (Punjab) Act, 1912, had empowered the Collector (petitioner) that in case of breach of conditions of tenancy he might proceed against the lessee---Petitioners had an alternate remedy---So far as the impugned order was concerned, the same was in accordance with record produced by the petitioners, as there was nothing in writing till the time regarding approval of the recommendations of the District Assessment Committee for enhancement of the lease amount---No need to frame any issue or to record evidence because it was just an application seeking permission to deposit rent---Courts below had not created bar for the petitioners to proceed against the lessee, if there was any violation or breach of contract on his part; even the impugned orders were not applicable to the issuance of notice to the lessee for recovery of the arrears, if any---Constitutional petition to the extent of granting permission to deposit the lease amount for the year 2016 was dismissed.

PROVINCE OF PUNJAB through Additional District Collector, Jhang vs ADDITIONAL DISTRICT JUDGE, JHANG S — 2022 MLD 1138 LAHORE-HIGH-COURT-LAHORE

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