6849/2016 Const. P. Saad Aslam Kareemi (Petitioner) V/S Province of Sindh and Ors (Respondent)
Sindh High Court
Bench: Hon'ble Mr. Justice Arshad Hussain Khan(Author)
Order Date: 15-DEC-16
The petitioner being licensee/dealer of Respondent-PSO sought direction against the respondents including PSO not to dispossess him from the property in question. It was taken into consideration that license is a personal privilege to do some particular act or series of acts on the land without possessing any estate or interest therein, and is ordinarily revocable at the will of the licensor and is not assignable. Thus a license is not a contract between the licensor and licensee but a mere personal permit therefore a license is distinguishable from an easement, which implies an interest in the land and a "lease" or right to take the profits of land. Whereas a legal right in its strict sense is one which is an ascertainable claim, enforceable before Courts and administrative agencies. In its widest sense, a legal right has to be understood as any advantage or benefit conferred upon the person by a rule of law. Thus license with respect to property is a privilege to go on premises for a certain purpose, but does not operate to confer on, or vest in, licensee any title, interest, or estate in such property. It was opined that the petitioner being a licensee did not have any locus standi to maintain the petition and as such the same was not maintainable. Petition was dismissed in limine with no order as to cost.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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