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Evidence Act (I of 1872) ----S. 115Estoppel -Petitioner entering property with permission of B and paying rent him or his attorneySubsequent declaration of B as alien enemy and take over of his property as enemy property and purchase of such property by -Respondent, held, entitled -Respondent to possession of propertyCentral Government Lands and Buildings (Recovery of Possession) Ordinance (LIV of 1965), S. 3-Petitioner's case, held further, hit by doctrine of estoppel of tenant. ORDER ANWARUL HAQ, J. This petition seeks leave to appeal against an order passed by a learned Single Judge of the Lahore High Court on 17121973, dismissing in 1fmine a revision petition filed by the -Petitioner, Hafizullah Khan, for the purpose of obtaining a temporary injunction during the pendency of a declaratory suit instituted by him in respect of Property known as 6Racecourse Road, Lahore. The property in dispute had formed the subjectmatter of prolonged litigation between the Custodian of Evacuee Property and one P. G. Bhandari, who claimed to be its owner. Ultimately, by the judgment reported in P L D 1961 S C 89, this Court held that the Custodian should have granted a declaration to the effect that after the 10th of May 1948, Mr. Bhandari's property was no longer evacuee property, and that as a consequence of this declaration the property in question ceased to be evacuee property from that date. The -Petitioner entered upon the property in May 1967 as a tenant under P. G. Bhandari in respect of the middle portion of the building on a monthly rent of Rs. 18. However, in 1973 he instituted a suit for a declaration to the effect that he was in possession of this property, that the judgment of the Supreme Court, referred to above, was obtained by P. G. Bhandari by fraud and concealment and suppression of facts, and was, therefore, void, without jurisdiction and of no legal effect; and that as a consequence the Enemy Property Management Board had no jurisdiction to take over the same on the migration of P. G. Bhandari to India after the 1965 war. The -Petitioner further claimed that the property being evacuee property, he was entitled to seek its transfer on the basis of his…

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