2010 CLC 354 KARACHI-HIGH-COURT-SINDH

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ZULFIQAR AHMED KHAN VS STATION COMMANDER, STATION HEADQUARTERS, KARACHI 1987 CLC 591, 2009 CLD 960, PLD 1966 SC 1, PLD 1987 SC 107, Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963--3 , Central Government Lands and Buildings (Recovery of Possession) Ordinance 1965--10 , Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Ejectment of Tenant--TERM , Ss. 3 & 17(11)---Central Government Land and Buildings (Recovery of Possession) Ordinance (LIV of 1965), S.10---Constitution of Pakistan (1973), Art.199---Constitutional petition---Ejectment of tenant---Building owned by Federal Government---Shops in question were owned by Federal Government and petitioners were tenants in the shops---Petitioners filed suit for restraining Federal Government from dispossessing them from the shops in question but the suit was rejected on the ground that remedy before Civil Courts was not available---Petitioners then initiated proceedings before Rent Controller but the same were also dismissed on the ground that the shops were covered under S.3 of Cantonments Rent Restriction Act, 1963---Validity--Except to the extent of S.17(11) of Cantonments Rent Restriction Act, 1963, remaining provisions were not applicable to building or premises owned by Federal Government or other authorities named in S.3 of Cantonments Rent Restriction Act, 1963---Tenant of such building could not have recourse to any proceedings under Cantonments Rent Restriction Act, 1963 but it did not mean that authority that owned the premises had unfettered licence---If Federal Government was to seek eviction on the grounds of non-payment of rent or for infringement of any of the terms of possession or occupation, it had to move the concerned Rent Controller under S.17(11) of Cantonments Rent Restriction Act, 1963---High Court directed the authorities to put the petitioners in occupation of their respective shops---Petition was allowed accordingly.