' It is inter alia contented that the plaintiff had purchased per sale agreement, dated 6-4-2000.
Interest in the Property bearing Naclass No,309. Deh Joreji. Malir, Karachi, in terms of Ijazat Nama, dated 28-1-1998 and subsequently managed to transfer the said title in favour of the plaintiff per Order No, Rev./Malir/62/98, Karachi, dated 27-1-1998. According to him a notice under section 24 of the Colonization of Government Lands Act, 1912 was issued in which it was provided that the land is required for public purpose i.e, for establishment of Staging Yard for oil tankers. An objection thereto was tiled and an order was passed by the Deputy Commissioner. In para 4 of the undated order of the Deputy Commissioner, Malir he has stated. "Show-cause notice under section 24 of the Colonization of Government Lands (Punjab) Act, 1912 was issued to the lessees for violation of the conditions of the lease. The statement of objective for resumption was also mentioned in that notice." In view of the above, he ordered that the lessee has failed to satisfy him wherefore, the lease was cancelled. Section 24 of the Colonization of the Government Landa Act, 1912 reads as under:-- "24. Power of imposing penalties for breaches of condition. When the Collector is satisfied that a tenant in possession of land has committed a breach of the conditions of his tenancy, he may, after giving the tenant an opportunity to appear and state his objection"
(a) impose on the tenant a penalty not exceeding one hundred rupees; or
(b) order the resumption of the tenancy: ' Provided that if the breach is capable of rectification, the Collector shall not impose any penalty or order resumption of the tenancy. Unless he has issued a written notice requiring the tenant to rectify the breach within a reasonable time, not being less than one month, to be stated in the notice and the tenant has failed to comply with such notice."
2. It is clear from section 24 that when a Collector is satisfied that a tenant in possession has committed breach of the condition of the tenancy he may proceed to cancel and resume the tenancy after notice. According to Mr. Aqil, the notice that was given was for resumption on the ground of establishment of Staging Yard for the oil tankers. He states that such Staging Yard has already been developed in Deh Khadeji on 200 acres of land alongside the Super Highway and about Rs,30 million has been spent on such project by the Union Council Darsano Chhano. He says that there is no need of such a Staying Yard in the premises under reference and that such is a mala tide exercise on the part of the defendants.
3. The defendants have been served on 12th, 13th and 16th of January, 2001 and none have filed counter-affidavit to the present application. He states that orders passed by the defendants are mala fide, illegal and without authority. He states that in case is dispossessed, irreparable loss and injury shall be caused to him where he has constructed shades etc. And is continuing to do business there for poultry farming. He states that balance of convenience is also in his favour. In view of the above. C.M.A. No,196 of 2001 is allowed as prayed.