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SHARIF HAROON versus PROVINCE OF SINDH


Sections 24, 10 (4) of the Government Land (Punjab) Act 1912 and 19 Karachi Development Authority Order (5 of 1957), Arts 92 and 93 Constitution of Pakistan (1973), Article 199 restored tenancy on violation of the terms of the Constitution petition. To do The applicant on the lease, assembling residential buildings on the leased land for cultivation and poultry farming purposes, claimed that he was not provided with a hearing before the lease was canceled. And that after the acquisition of Karachi Development Authority the Government had lost its rights on the land and then further payment for allotment is made by the Authority to the applicant. No person is treated as a tenant. It may be, that unless it has taken possession of the land with the permission of the collector petitioner, from 1964 onwards, the Karachi Development Authority could not be treated as a government tenant at any time. Thereafter, the Karachi Development Authority did not acquire such land as the landlord and could not be treated as the tenant of the government, without the written permission of the applicant commissioner. Due to legal restrictions created by the source, no interest in the land could be transferred. Punjab) The lease can only be terminated in favor of the applicant in the Act 1912. After serving the mandatory notice under section 24 of the said Act, the High Court accepted the constitutional petition, the illegal order being without legal authority and without any legal effect. Declared not to be, while issuing an order to the government to take appropriate action in violation of the terms of the tenancy.

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