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Civil Petitions Nos. 276 and 277 of 1981, derided on 16th March, 1982.
(On appeal from the orders dated ZI‑1‑1981 of the Lahore High Court passed in Writ Petitions Nos. 326 and 327 of 1981).
-----Art. 185(3)‑Leave to appeal‑‑‑One of conditions of grant of land allegedly being that grantee would not assign, sublet or transfer such land or part of it, or any building standing thereon without permission of Government‑‑Building plan for schools also allegedly sanctioned by Municipal Committee 4n name of grantee (Anjuman)‑‑‑Question whether respondent could assert to be owner of property or even its ,gin; landlord, held, requires to be considered in circumstances‑Leave to appeal granted.
Muhammad Akram Butt, Advocate Supreme Court, instructed by Ejaz Ahmad Khan, Advocate‑on‑Record for Petitioner.
Muhammad Anwar Sipra, Advocate Supreme Court, instructed by Sh. Abdul Karim, Advocate-on‑Record for Respondent No. 1.
Date of hearing : 16th March, 1982.
‑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.
Leave granted.
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