Law:

Section:

(a) Transfer of Property Act (IV of 1882)--- ----S.108---Civil Procedure Code (V of 1908), O. VII, R. 11---Suit for declaration---License agreement---Lease of land for operation of petrol Filling Station---Privity of contract---Plaint, rejection of---Scope---Contention of plaintiff was that he was entitled to retain possession of suit land---Trial Court rejected the plaint being barred by law---Validity---Plaintiff was merely a licensee to carry on business of Filling Station and had executed agreement of service station and dealership with the Oil Company---Plaintiff had no privity of contract with the owner of suit property---Oil Company had acquired possession of suit property from its owner through lease agreement---Plaintiff was allowed temporary use of the service/filling station and sell the company's petroleum products---Plaintiff was licensee of Oil Company for a limited purpose and could not claim any right over subject property owned by the defendant---Owner of suit property had obtained an order of ejectment against the defendant-Oil Company---Defendant-Oil Company could not claim any right or entitlement to remain in possession of suit property and carry on business of selling its products---Plaintiff had no cause of action to seek enforcement of any contractual obligations---Suit was barred by law---Dispute with regard to possession of suit property had already been decided by Rent Controller---Court was bound not only to examine the territorial/monitory jurisdiction but maintainability of a suit in the first instance---Parties were not to be allowed to abuse the process of law by filing frivolous proceedings in the Court---Frivolous proceedings should be put to an end at a very initial stage---Impugned order did not suffer from any factual error or legal infirmity---Appeal was dismissed in limine in circumstances. Noor Din and another v. Additional District Judge, Lahore and others 2014 SCMR 513 rel. (b) Easements Act (V of 1882)--- ----S. 52--- 'License'--- Connotation. Black's Law Dictionary rel. THIS ORDER PASSED BY: AQEEL AHMAD ABBASI, J.--- Through instant High Court Appeal, the appellant has impugned the order dated 18.08.2016 passed by the…

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