ABDUL JABBAR versus CANTONMENT EXECUTIVE OFFICER, ZHOB CANTT.
Section 91 and 9259 Constitution of Pakistan (1973), Article 199 Applicants fixed in submission of rent arrears are tenants in the shops belonging to the Cantonment Board whereas monthly rent is being paid at a monthly rate of Rs 350 per rental period. A 20% increase in monthly rent was paid to applicants under section 91 of the Cantonments Act, 1924, as default in the payment of rent arrears to the applicants and the list of applicants. An application was also filed under section 259 of the same Act. No progress was made before the Judicial Magistrate to recover the arrears of rent, but the applicant's union (tenants) promised that all dues would be cleared by June, 2007, but no one would be required to recover the dues. Special progress was not made. According to the law no matter was being done and their shops were sealed without any justification. Ed and later determined that the payment would be made by the due date but that the applicant failed to pay the due amount, consequently, stringent action was taken under which the shops were sealed under which the Cantonment Act, 1924 The provisions of section 259 were authorized by the magistrate. Applicants had approached the court with unclean hands to recover the money through the sale of fixed property to the tenants, as well as the High Court, dismissing the constitutional application which has no merit.
Related judgments — Quetta High Court Balochistan, 2009
