NISAR AHMED versus GOVERNMENT OF PAKISTAN
Articles 4 and 7 of the Pakistan Waqf Properties Ordinance 1979 Constitution of Pakistan (1973), Article 199 applicant who became the tenant of the land in dispute under vacant owner after partition, took up permanent structures and conducted a workshop on this land at his own cost. Established, the governing body, IQE Property, allowed the applicant to install machinery in 1950 and after certifying the applicant as a recorded tenant, the fixed nominal rent of land in dispute at Rs 45. The management of the land remained in the IQV Trust Property Board and the rent was raised to Rs 90. Several times were raised but the petitioner's objection was reduced and it was finally fixed at the rate of 1987 hrs. In 1987, the federal government directed the Chairman, the Iwakey Trust Property Board, to re-evaluate the land lease in the dispute as an industrial and commercial unit. Such a change was made and the applicant accepting the balance on behalf of the tenant acknowledges that from the 1950s the land was being used as a commercial place with the appropriate permission for which he was paying the rent. It was decided by the relevant authorities and this fact was not only in the knowledge of the authorities but also in the exercise of constitutional jurisdiction that was part of the record High Court, the order of authority was fixed, which was a contradiction of the facts. On record and the relevant authorities have been instructed to collect the rent from the tenants at the rate which was fixed before the tenant challenged the application.
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