Law:

Section:

Specific Relief Act (I of 1877)-- ----Ss. 8 & 9---Suit for possession through ejectment--- Competency--- Plaintiff instituted suit for possession through ejectment claiming to be owner and the defendants' father was tenant of property on 'Khak Shora'---Defendants denied relationship of landlord and their father as tenant but claimed themselves to be co-sharers vide mutation and registered deed---Defendants had acquired title prior to institution of present suit and they could not be precluded to agitate their title before the Court---Format of the suit being defective for ejectment was not sufficient to resolve controversy between the parties when defendants had dual status i.e. legal heir of deceased tenant and purchaser of suit property---Tenancy could not devolve in inheritance, specially where not proved through confidence inspiring evidence nor the payment of Khak Shora had been established---Trial Court decreed the suit but lower appellate Court had set aside the decree---Validity---When plaintiff was unable to establish defendants' father as tenant, no decree of ejectment could be passed and lower appellate Court rightly dismissed the suit, in circumstances. JUDGMENT ABDUL LATIF KHAN, J.---This revision petition has been preferred against the order/judgment and decree dated 9-7-2010 passed by learned Additional District Judge-XII, Peshawar, whereby while accepting the appeal of respondents the order/judgment and decree dated 26-11-2009 passed by learned Civil Judge, Peshawar, set aside and the suit of the petitioners has been dismissed for want of proof. Arguments heard record perused. 2. A perusal of record reveals that a suit for possession through ejectment was filed by predecessor of petitioners namely Khalil Khan against the predecessor of respondents namely Haji Yar Badshah in respect of suit house on the ground that he was exclusive owner of the suit house and the predecessor of defendants was tenant under him on payment of 'Khaak Shora'. It was also averred that a suit was filed by defendants claiming ownership which was dismissed on 20-6-1990 and appeal filed by him also met the same fate on 19-10-1993. The defendant put his appearance who…

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