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PESHAWAR DEVELOPMENT AUTHORITY versus AWAL KHAN


Sections 3, 11, 13 and 17 of the Northwest Frontier Province Public Property Rules, 1981, Rr 3 and 4 Specific Relief Act (I of 1877), Sections 42 and 55 of the Civil Procedure Code (V of 1908), VII , The cancellation of the lease suit for the R-11 declaration and the mandatory injunction for the plaintiff, who was in charge of a restaurant owned by the authority, had their lease canceled for a period of 15 years. Filed an application for rejection of the claimant under 11, the CPC also asserted that the suit was unauthorized occupier of the suit property authority, on the basis that the suit property was publicly owned and the lease was canceled in favor of the plaintiff. Authorization has been prohibited under Section 11 of the North West Frontier Province. Under the Public Property (Termination of Extensions) Act, 1977 it was stated that the application made by the trial court and the appellate court along with Section 3 of the Northern Territory Western Border Province was simultaneously rejected (removal of the encroachments). Meaning) Act 1977, the Authority was empowered to instruct the illegal occupant to vacate the public property and the structure, if any, to be taken by the public property suit occupier. To be removed, no doubt, it was a public property. And it was also acknowledged that the suit property lease granted to the plaintiff was canceled, however, there was no record to show the fulfillment of the second condition contained in section in of the Act, that is, the machinery stated that the Act. Was presented under Termination of encroachments and eviction orders of unauthorized occupants, under which the plaintiff's lease was canceled,

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