2014 MLD 1186 PESHAWAR-HIGH-COURT

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Haji MUHAMMAD ADEEL VS CANTONMENT BOARD, PESHAWAR through the Cantonment Executive Officer, Peshawar Cantt. 1998 SCMR 2268, PLD 1992 SC 401, Cantonments Rent Restriction Act 1963--3 , 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 , Ss.2(a), 2(e) (ii), 3 & 6---Cantonment Rent Restriction Act (XI of 1963), S.3(b)---Constitution of Pakistan, Art.199---Constitutional petition---Un-authorized occupant, eviction of---Property owned by Cantonment Board---Petitioners were inducted as tenant/lessee in the premises through agreement, which was not further extended---Cantonment-board, sealed the rent premises after expiry of agreement and restrained the petitioner tenants/lessees from entering into premises previously occupied by them---Contention of the tenants/lessees was that eviction was taken in disregard to Cantonment Rent Restriction Act, 1963, therefore the same was illegal---Validity---Suit property belonged to Cantonment Board and as such, the Cantonment Rent Restriction Act, 1963 was not applicable to the disputed property---Property owned by the Cantonment Board fell within the definition of "property owned and controlled by government", therefore, Central Government Land and Building (Recovery of Possession) Ordinance, 1965 was applicable on the disputed property---Every lessee or licensee who remained in occupation of the land or building after the determination of lease or licence, became "unauthorized occupant" in respect of suit premises----In case of expiry of period of any lease or licence, any officer authorized by the Central Government on its behalf would, at any time, enter upon the demise land or building and recover the possession of same by evicting the lessee or licensee and may also demolish and remove the structure---Constitutional petition was dismissed.