Law: Civil Procedure Code (V of 1908)

Section: S.115,O.VII,r.10

Law: Civil Procedure Code (V of 1908)

Section: S.115,O.VII,r.10

Law: North West Frontier Province Tenancy Act, (XXV of 1950)

Section: 2(vii)(viii),48,26(7),43,49(3)

Khyber Pakhtunkhwa Tenancy Act (XXV of 1950)-------Ss. 2(viii), 48 & 49---Civil Procedure Code (V of 1908), O.VII, R.10---Specific Relief Act (I of 1877), Ss.42 & 54----Suit for declaration and permanent injunction---Maintainability---Plaintiff had sought declaration to the effect that after the death of the predecessor-in-interest of the defendants, (who was a tenant in suit land) the defendants were not entitled to claim tenancy of suit land---Trial Court returned plaintiff's plaint under O.VII, R.10, C.P.C. on the ground that the same did not fall within jurisdiction of civil court---Validity---Admittedly, predecessor-in-interest of the defendants was a tenant at will on the suit land and the defendants were in possession of the suit land in such capacity as well---According to S.2(vii) of the Khyber Pakhtunkhwa Tenancy Act, 1950; tenant and landlord shall include predecessors and successors-in-interest of a tenant, and landlord respectively, and therefore, the defendants had tenancy rights in the suit land, being heirs of their predecessor-in-interest who was a tenant of the plaintiff---No court should take cognizance of such dispute or matter arising out of tenancy except the revenue hierarchy---Civil court had no jurisdiction in the matter, and had rightly rejected the plaint---Plaintiff could seek remedy before the revenue hierarchy---Concurrent findings of fact recorded by courts below were unexceptionable---Revision was dismissed. Lt. Col. (R.) Abdul Quddus for Petitioner. Iftikhar Afzal for Respondents. Date of hearing: 10th February, 2012. JUDGMENT KHALID MAHMOOD, J.--- This revision petition under section 115, C.P.C. is directed against the judgment and order dated 14-4-2010, whereby learned Additional District Judge-III, Mansehra dismissed the appeal of petitioner and maintained judgment and order passed by Civil Judge-X, Mansehra dated 19-1-2010. 2. Petitioner/plaintiff filed a suit for declaration and permanent injunction regarding property fully described in the heading of plaint, against respondents, which was returned under Order VII, rule 10, C.P.C. on 19-1-2010 by the trial court. Feeling aggrieved, petitioner preferred appeal, which…

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