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1975 SCMR 169

Ch. KHUSHI MUHAMMAD AND 2 OTHERS vs ADMINISTRATOR, DISTRICT

Citation1975 SCMR 169
CourtSupreme Court of Pakistan
Case No.Civil Petition for Special Leave to Appeal No, 274 of 1974
Date1974-10-22
Judge(s)Muhammad Afzal Cheema, Muhammad Yaqub Ali Khan
ResultPetition dismissed

ORDER

1. MUHAMMAD YAQUB ALI, J.-The petitioners obtained a joint lease from the District Council, Sneikhupura, to hold cattle fair at certain specified places. The site for the cattle fair was subsequently changed whereupon Ghulam Muhammad, petitioner No, 3, wrote a letter to the Administrator of the District Council repudiating the lease on the pretext that the lease money fixed was exorbitant and the lessees were not likely to make any profit. The Administrator did not agree to reduce the lease money, but accepting the offer made by Ghulam Muhammad he cancelled the lease.

2. ' The petitioners thereupon filed a writ petition in the High Court to restrain the District Council from interfering with the holding of cattle fair by them. A learned Judge found the claim entirely baseless and dismissed the petition in limine on the ground that the lease stood repudiated and that a writ did not lie to enforce an agreement of lease. Hence this petition for leave to appeal.

3. The view adopted by the learned Judge is, in law and facts, not open to any exception. In repudiating the lease Ghulam Muhammad acted not only on his own behalf, but also on behalf of his co-lessees. It was not open thereafter to the petitioners to enforce an agreement which they them- B selves had repudiated. We concur with the High Court that on the facts of the case a writ did not lie.

4. ' The petition is dismissed.

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