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Civil Petition for Special Leave to Appeal No. 1171 of 1981, decided on 31st January, 1982.

(On appeal from the judgment and order of the Lahore High Court, Multan Bench, dated 29‑11‑1981 in W. P. 606 of 1981).

----Ss. 24 & 27‑Leave to appeal granted to examine among other grounds whether resumption of tenancy on breach of a condition subject to affording opportunity for rectification and to examine effect of S. 27 on provisions regarding rectification contained in S. 24. [Leave to appeal].

Ch. Khalilur Rehman, Advocate and Sh. Salahuddin, Advocate‑on‑Record for Petitioner.

Nemo for Respondents.

Date of hearing : 31st January, 1982.

In this petition arising out of a case relating to the terms and conditions of a tenancy under the Colonization o Government Lands (Punjab) Act, 1912 leave to appeal is granted, inter alia to examine‑

(a) whether the resumption of tenancy on breach of a condition thereof is subject to affording an opportunity for rectification and what is the effect of section 27 of the Act on the provision regarding rectification contained in section 24 of the Act as also in clause (xxvi) of the relevant Scheme

(b) whether clauses (xxvi) and (xxix) are independent or supplementary to each other, with particular reference to the opportunity regarding rectification

(c) whether the first respondent was at all entitled to any relief in writ jurisdiction of the High Court when

(i) the initial period of tenancy of ten years having passed, there was no renewal.

(ii) when the respondent No. 1 having filed a civil suit with regard to the same grievance, filed the writ petition after withdrawal of the suit but without permission to refile it.

Order accordingly. Security Rs. 2,500. The appeal shall be prepared on the present record with liberty to the parties to file additional documents if necessary.

Leave granted.

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