2003 YLR 1268 LAHORE-HIGH-COURT-LAHORE

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Sh. NAVEED YAQOOB VS FEDERAL GOVERNMENT Cantonments Rent Restriction Act 1963--3 , Transfer of Property Act 1882--116 , ----S. 116---Cantonments Rent Restriction Act (XI of 1963), S.3 (b)---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Constitutional jurisdiction of High Court---Scope---Recovery of possession--Land owned by Cantonment Board--Provisions of S.116 of Transfer of Property Act, 1882, and S.3(b) of Cantonments Rent Restriction Act, 1963---Applicability--Petitioner who was lessee of Cantonment Board and eviction notice was issued to him by the Board contended that the Board could neither issue the notice nor possession could be recovered from him without ejectment proceedings under Cantonments Rent Restriction Act, 1963---Validity---Property was owned by Cantonment Board, therefore, provision of S.3(b) of Cantonments Rent Restriction Act, 1963, was applicable---Board had taken action in public interest to remove traffic hazards---Constitutional jurisdiction being discretionary in character, High Court declined to exercise discretion in favour of the petitioner and refused to interfere with the order passed by Cantonment Board.