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Petitioner: PROVINCE OF PUNJAB VS Respondent: GHULAM MUHAMMAD SABIR ETC.S
Court Name: Supreme Court of Pakistan Judge(s): M.S.H. Quraishi, Nasim Hasan Shah Title: PROVINCE OF PUNJAB vs GHULAM MUHAMMAD SABIR ETC.S Case No.: Civil Petitions Nos. 276 and 277 of 1981 Writ Petitions Nos. 326 and 327 of 1981 Date of Judgment:- Reported As: 1982 SCMR 774 Result: Leave granted
Judgment ORDER M. S. H. QURESHI, J.-The Anjuman Taraqi-e-Taleem-e-Aama had set up Muslim High School and Muslim Model Girls' High School, Nigahbanpura, Faisalabad, on a piece of land leased out to them by the Government. The Schools were later nationalised. Ghulam Muhammad Sabir, Manager of the Anjuman, claiming him self to be owner of the property, instituted two applications for ejectment under the Rent Restriction Laws on the ground of default, which were dismissed by the Rent Controller but were accepted by the appellate Court. The Provincial Government challenged the order of ejectment through Writ Petitions Nos. 3 26 and 327 of 1981 but the same were dismissed by a learned Single Judge of the Lahore Court, as not warranting interference in the exercise of the writ jurisdiction. The Provincial Government is now seeking leave to appeal. 2. It is submitted that one of the conditions of the grant of the land to the Anjuman was that the latter would not "assign, sublet or transfer by mortgage or otherwise, or part with the land or any part thereof, or any building standing thereon, without the permission in writing of Government first obtained". It is also submitted that the building plan for the School had been, sanctioned by the Municipal Committee, Faisalabad, in the name of the Anjuman. In these circumstances the question whether Ghulam Muhammad Sabir could assert to be owner of the property or even its, landlord, requires to be considered. Leave is, therefore, granted in both the petitions. The order for maintenance of status quo already passed shall continue.