Law: Specific Relief Act, 1877

Section: 8,9

Law: Civil Procedure Code (V of 1908)

Section: 9,O.XX,R.4,O.VII,R.10

Law: West Pakistan Land Revenue Act, (XVII of 1967)

Section: 48

Law: Transfer of Property Act, 1882

Section: 111

(a) Specific Relief Act (I of 1877)----Ss. 8 & 9---Transfer of Property Act (IV of 1882), S. 111---Civil Procedure Code (V of 1908), S. 9, O. XX, R. 4 & O. VII, R. 10---Khyber Pakhtunkhwa Tenancy Act (XXV of 1950), Ss. 2 (i), 7 & 49---West Pakistan Land Revenue Act (XVII of 1967), S. 48---Suit for possession of immovable property---Property in question not situated in urban area---Jurisdiction of civil court---Forfeiture of lease---Conditions---Scope---Plaint, return of---Contention of plaintiff was that defendants were tenants who were residing in the disputed house but they had failed to pay rent in the shape of natural manure/debris/dung of animals---Suit was decreed concurrently---Validity---Owner or landlord of a premises/immovable property might invoke jurisdiction of civil court for dispossession or ejectment of or taking possession back over such property from a person entered upon the same as a tenants or otherwise subject to conditions enumerated under Ss. 8 & 9 of Specific Relief Act, 1877 or the provisions contained in Transfer of Property Act, 1882 in case property was not situated in an urban area otherwise same would be dealt under West Pakistan Urban Rent Restriction Ordinance, 1959---No controversy existed between the parties with regard to landlord and tenants over the suit house---Disputed house was not situated or occupied as site of a building in a village or town but same was used for agriculture purpose and subservient to agriculture---Plaintiff never alleged that defendants were either trespasser or they had forcibly occupied the suit house but his stance was that defendants had defaulted in providing natural manure to his land---Defendants were not defaulter in providing natural manure---Trial Court passed decree for possession on the ground that plaintiff was owner of disputed house which was illegal as present case would not fall under Ss.8 or 9 of Specific Relief Act, 1877---Both the courts below were not having jurisdiction in the present case---When defendants were tenants over the suit house which would fall within the definition of "land" then matter would be within the jurisdiction of Revenue Courts---Judgment…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492