TOTAL PARCO PAKISTAN LIMITED vs PAKISTAN CIVIL AVIATION AUTHORITY through Director General, Karachi S

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TOTAL PARCO PAKISTAN LIMITED VS PAKISTAN CIVIL AVIATION AUTHORITY through Director General, Karachi S. 11---Specific Relief act (I of 1877), Ss. 12, 42 & 54---Civil Procedure Code (V of 1908), O.XXXIX, Rr.1 & 2---Suit for specific performance of agreement, declaration and injunction---Interim injunction, refusal of---Lease of land--- Procedure--- Private treaty---Scope---Plaintiff company was aggrieved of refusal of defendant authority with regard to renewal of lease of land for petrol pump---Validity---Under the erstwhile Land Lease Policy of Civil aviation authority, lease expiring after 30 years was not to be renewed by mutual consent but the premises was to be leased after open bidding albeit with a preference to previous lessee if it matched the highest bid---Said policy envisaged that lease by private treaty was restricted to airlines, aviation related training institutes and services, flying clubs, and government/semi-government agencies for official purposes---Plaintiff was not amongst such entities so as to be leased demised premises without a process of open bidding---Letter issued by Civil aviation authority valued demised premises at Rs. 65,000/- per square yard---Despite methodology provided in the Policy for fixing value of land proposed to be leased, there was nothing to show how the value of demised premises had been fixed---Purported renewal of lease was not in accord with the Land Lease Policy---Since plaintiff itself sought renewal under Land Lease Policy, it could not attribute want of knowledge of violation to the doctrine of indoor management---Where Board of Civil aviation authority did not approve renewal of lease and it was in the knowledge of plaintiff that a further lease of demised premises could only be granted in line with Land Lease Policy, the letter issued by Civil aviation authority did not constitute a contract for renewing lease of the demised premises---Plaintiff failed to demonstrate that there was a contract between the parties for renewing lease of demised premises---Plaintiff did not have a prima facie case for grant of temporary injunction---application was dismissed, in circumstances.

TOTAL PARCO PAKISTAN LIMITED vs PAKISTAN CIVIL AVIATION AUTHORITY through Director General, Karachi S — 2023 YLR 1616 KARACHI-HIGH-COURT-SINDH

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