Law:

Section:

(a) Balochistan Tenancy Ordinance (XXIV of 1978)-------Ss. 2(8), 33 & 44---Ejectment of occupants was sought from the houses situated in Abadi Deh---Jurisdiction---Where the houses in question were not situated in the land which was let for tenancy to the tenants or occupied by them under the tenancy but were situated in "Abadi Deh", such land could not be termed as "part and parcel of the tenancy" giving jurisdiction to Revenue Court to initiate ejectment proceedings under the Balochistan Tenancy Ordinance, 1978---In the present case, with consent of the parties, case was sent for adjudication to the Revenue Court---Such consent did not confer jurisdiction on the Revenue Court, which otherwise had no jurisdiction in the matter in view of the admitted position that the houses in question were situated at a place in a village which was not a site of building occupied on the land of tenancy let for agricultural purposes---When court suffered from want of jurisdiction, no amount of consent or acquiescence in the proceedings could invest such court with the jurisdiction and principle of estoppel was not attracted in such circumstances---Principles. Muhammad Hussain and another v. Muhammad Shafi and others 2004 SCMR 1947 and Mukhtar Ahmad and another v. Rana Ghulam Rasool 2004 SCMR 407 ref. (b) Jurisdiction--- ----When Court suffered jurisdiction, no amount of consent or acquiescence in the proceedings could invest such court with such jurisdiction and principle of estoppel was not attracted in such circumstances. (c) Estoppel--- ----Principles of---Applicability---Scope---When Court suffered jurisdiction, no amount of consent or acquiescence in the proceedings could invest such court with such jurisdiction and principle of estoppel was not attracted in such circumstances. (d) Constitution of Pakistan--- ----Art. 185-Appeal to Supreme Court---Scope---Supreme Court does not interfere with findings of facts reached by primary courts or High Courts---When findings of the courts below are, on the whole, reasonable and are not arrived at by disregarding any provision of law or any accepted principle concerning appreciation of evidence, burden lay heavily on the…

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