' He has been heard.
2. Brief facts' of this writ petition are that house of the petitioner is situated opposite to Plots No,217- E and E-1, which were obtained by Mst. Salina Anwaar respondent No,4, for residential purpose on lease from Military Estates Officer (respondent No,3). She converted the said premises into schools, in violation of the terms and conditions of the lease, which became a source of nuisance to the petitioner and his family; consequently the petitioner was constrained to enter into a protracted litigation with respondent No,4 which eventually culminated in his favour; resultantly respondent No,4 vacated the said premises.
3. Grievance of the petitioner is that respondent No,3 is not taking action against respondent No,4 for violating the terms and conditions of the lease, as is provided in the lease contract. Prayer in the writ petition is that a direction be issued to respondent No,3 to---
(i) take over the said premises forthwith and to get the lease cancelled on account of violation of its terms and conditions by respondent No,4; and
(ii) not to accept, forward or approve application of respondent No,4 for transfer of any right held by her under the lease to any other person.
4. Discretion in writ jurisdiction cannot be exercised in favour of a petitioner who cannot himself take benefit by the order given by the Court.
5. Existence of a legal right is the foundation of every writ of mandamus. In order to succeed in obtaining relief by way of such writ the petitioner must satisfy the Court that he has a legal right to compel the performance of the duty and the person against whom the right is sought was under a legal obligation to perform that duty.
6. The petitioner is admittedly not a party to the said lease deed and also does not claim any right, title or interest in the premises, which he desires to be cancelled from the name of respondent No,4.
The lease contract is between respondents Nos.3 and 4.
7. In my view the petitioner cannot be therefore, deemed as an aggrieved party within the meaning of Article 199(1)(a)(i) of the Constitution. The writ petition being not maintainable is accordingly dismissed in limine.