2014 MLD 1186 PESHAWAR-HIGH-COURT

Full text

Haji MUHAMMAD ADEEL VS CANTONMENT BOARD, PESHAWAR through the Cantonment Executive Officer, Peshawar Cantt. Central Government Lands and Buildings (Recovery of Possession) Ordinance 1965--2 , Central Government Lands and Buildings (Recovery of Possession) Ordinance 1965--3 , Central Government Lands and Buildings (Recovery of Possession) Ordinance 1965--6 , Constitutional petition--TERM , Locus Standi--TERM , Maintainability--TERM , Ss.2(a), 2(e) (ii), 3 & 6---Constitution of Pakistan, Art.199---Constitutional petition---Maintainability---Un-authorized occupant---Locus standi---eviction of petitioners tenants/lessees after expiry of lease period---Scope---Tenants/lessees being un-authorized occupants could not seek equitable relief until and unless they come to court with clean hands---Constitutional petition would not lie for retention of ill-gotten gains---Writ has to be issued to right a wrong and not to perpetuate a wrong committed by the un-authorized occupants---Tenants/lessees were bound to hand-over the possession of the property in question, after expiry of lease period, in terms of agreement executed between the parties---Constitutional petition was dismissed.