2006 YLR 1438 LAHORE-HIGH-COURT-LAHORE

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PAKARAB FERTILIZERS (PVT.) LTD. VS EVACUEE TRUST PROPERTY BOARD through Chairman 1987 CLC 213, 1999 SCMR 138, Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Evacuee Trust Properties (Management and Disposal) Act 1975--16 , Evacuee Trust Properties (Management and Disposal) Act 1975--8 , ----Ss. 8 & 16---Constitution of Pakistan (1973), Art.199---Constitutional petition---Relinquishment of tenancy rights by previous company---Taking over possession of demised premises by Department---Petitioner seeking restoration of possession claimed to have purchased 94% shares of previous company in privatization process; that petitioner was in possession of demised premises at the time of privatization; and that there was no allegation of default in payment of rent or violation of other tenancy rights against petitioner---Pendency of petitioner's representation against impugned eviction order---Department agreed to treat such representation as an appeal under S.16 of Evacuee Trust Properties (Management and Disposal) Act, 1975---Matter would still remain wide open, thus, request of petitioner for restoration of possession was justified as its business would come to a stand still, while department would not sustain any serious loss till decision of appeal---High Court accepted constitutional petition directing department to treat such representation as an appeal and decide same after considering petitioner's defence put up against eviction order.