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Petitioner: SHAUKAT ALI MEHR VS Respondent: Sardar SHER AFGAN A.D.C. (G) and others
Court Name: Lahore High Court Judge(s): Irshad Hasan Khan Title: SHAUKAT ALI MEHR vs Sardar SHER AFGAN A.D.C. (G) and others Case No.: Writ Petition No,8286 of 1989 Date of Judgment:1991-03-19 Reported As: 1991 CLC 1194 Result: Petition dismissed
JUDGMENT
JUDGMENT ' The dispute in this case relates to Flat No,1, 17-Queens Road, Lahore. It is admittedly ownerd by the Punjab Government. The Punjab Health Department respondent No,3, herein, initiated proceedings for ejectment of the petitioner under the Punjab Government lands and Buildings (Recovery of Possession) Ordinance IX of 1966. The petitioner claims to be a tenant under the previous owner. 2. In this background Mr. Amir Alam, learned counsel for the petitioner relying on Province of East Pakistan and 2 others v. Messrs Allahwala and Co. And others (PLD 1971 SC 476) contends that since the petitioner initially entered into the premises as tenant with permission of the previous owner, therefore, he could not be treated as an 'unauthorised occupant' under the aforesaid Ordinance. The contention is devoid of any force. The petitioner gave an undertaking to the Provincial Government to vacate the plot if required by the hospital for construction of new block comprising of ward proposed to house 300 in-door patients. The undertaking reads as under:- ' I am occupying Flat No,1, 17-Queens Road, Lahore as a tenant. I have been informed by you that the premises have now been purchased by Ganga Ram Hospital to construct a new hospital building at the premises and that the flat is required for the purpose. ' In this view of the matter, it is clarified that as soon as a new building is raised on the main plot and a new hospital is about to start functioning, the flat will be vacated at that time or even before as the exigencies of the situation requires. Meanwhile, I will try to get an alternative accommodation. ' This is to ensure you of my best cooperation at all times. 3. The petitioner is, therefore, bound by his undertaking and cannot be permitted to take shelter behind technicalities. The law laid down in Province of East Pakistan (supra), is not applicable in the
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facts and circumstances of the present case. 4. In view of the above, I find no force in the writ petition which is dismissed with no order as to costs.