2011 PLD 258 LAHORE-HIGH-COURT-LAHORE

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GOVERNMENT OF PUNJAB VS ANJAMAN-I-TARRAQI-I-TALIM 1987 SCMR 1189, 1987 SCMR 1197, 1989 MLD 3020, 1989 SCMR 558, 1991 SCMR 145, Cantonments Rent Restriction Act 1963--17 , Ejectment petition--term , Maintainability--TERM , Proof--TERM , S.17---Ejectment petition---Maintainability---Relationship of landlord and tenant---Proof---Land in question was leased out by Federal Government to respondent society and the society constructed a school over the same---Respondent society claimed to be the owner of the school and sought ejectment of Provincial Government managing the affairs of the school---Validity---Taking over of the management and administration of the school by Provincial Government from respondent society meant that only control of maintenance and administration of school had been taken over from the hands of respondent society---Provincial Government did not become tenant of respondent society or respondent society landlord of Provincial Government---Situation post nationalization/taking over was that Federal Government remained owner of demised premises, respondent society continued to be the tenant on the demised premises while Provincial Government under Martial Law Regulation 118 was the new management of the school---No other legal relationship emerged between the parties post nationalization because the school was managed by the lessee (respondent society) and not by a tenant of respondent society---Powers of management and administration had shifted to Provincial Government under the law and no more---As the management of the school and lessee were the same, no relationship of tenant and landlord arose after nationalization (take-over)---Ejectment petition by respondent society under S. 17 of Cantonments Rent Restriction Act, 1963, was not maintainable---eviction order passed by Rent Controller against Provincial Government was set aside---Appeal was allowed in circumstances.