Law: Easements Act, 1882

Section: 60

Easements Act (V of 1882)--- ----S. 60---License, revocation of---Principle of "approbate and reprobate"---Applicability---Interpretation of document---Plaintiffs were engaged in retail business on International Transit Lounge of Airport and their licenses were not extended---Single Judge of High Court rejected the plaint for being incompetent---Validity---Plaintiffs, on the one hand had claimed that they were in a relationship with airport authorities as landlord and tenants but on the other hand they asserted that their license agreement could be deemed to be lease agreement based upon protracted tenure thereof, by fiction of law---Such postures of plaintiffs were self-contradictory and fell squarely within principle of "approbate and reprobate" which put a person to his election between alternative inconsistent courses of conduct---Where a deed professed to make general disposition of property for benefit of a person named in it, such person could not accept benefit under instrument without at same time confirming to all its provisions and renouncing every right inconsistent with them---Single Judge of High Court rightly maintained that plaintiffs were licensees in respect of retail space at the airport and nature of relationship did not stand novated into that of a lease by fiction of law otherwise---High Court appeal was dismissed in circumstances. Diamond Food Industries Limited v. Joseph Wolf GmBH & CO. and another 2004 CLD 343; M. A. Naser v. Chairman Pakistan Eastern Railways and others PLD 1965 SC 83; Messrs Noorani Traders Karachi v. Pakistan Civil Aviation Authority PLD 2002 SC 83; Bank Alfalah Limited v. Neu Multiplex and Entertainment Square Company (Pvt.) Limited 2015 YLR 2141; Aftab Hussain v. Government of Sindh and 2 others 2015 MLD 1688; Malik Muhammad Jawaid v. Province of Sindh and 6 others 2009 CLC 1022; Khalid and Company v. Cantonment Board Malir PLD 2002 Kar. 502; Messers Zaidi Enterprises and others v. Civil Aviation Authority and others PLD 1999 Kar. 181; Royal Foreign Currency v. The Civil Aviation Authority and another 1998 CLC 374; Messrs Ad-Mass Advertising (SMC-Pvt.) Limited v. Civil Aviation Authority 2010 CLC 625; Daewoo…

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