Law: Hindu Women's Right to Property Act (XVIII of 1937)

Section: 3

Law: Civil Procedure Code (V of 1908)

Section: O. XXIII, r. 3, 11

Law: Contract Act (IX of 1872)

Section: 23

Law: Specific Relief Act (I of 1877)

Section: 42

Law: West Pakistan Urban Rent Restriction Ordinance 1959.

Section: 13

(a) Hindu Women's Rights to Property Act (XVIII of 1937), S. 3(3)-Hindu Law-Widow's estate---Will---Hinda widow's right in property inherited from husband-Limited for life-Cannot be disposed of by will-Transferee of such property on basis of will executed by widow-Cannot file ejectment proceeding against tenants of property. Hindu Law by Mulla, section 180 and lagdeo Singh and others v. Mst. Raja Kaur (1927) 103 I C 482 rel. (b) Civil Procedure Code (V of 1908), O. XXIII, r. 3 read with Contract Act (IX of 1872), S. 23-Agreement-Order passed by consent in ejectment proceedings before Rent Controller resulting in compromise between parties-Agreement attempting to alter relevant law of succession and plaintiff having no legal title in property-Compromise, in circumstances, held, tainted with fraud and misrepresentation and thus not lawful and could not be acted upon. Nalini Kanta Sen v. Monaranjan Prasad Barma P L D 1967 Dacca 155; Sint. Sabitri Thakurain v. Mrs. F. A. Savi and others A I R 1933 Pat. 306; Krishnan Nair v. Rayarappan Nair and others A I R 1959 Kerala 130 ; Sadajiwatlal v. Sm. Chandrani A I R 1946 Sind 81 ; Pan Kuer and others v. Ram Narain Chowdhury and others A I R 1929 Pat. 353; Thangachi Nachial and another v. Ahmed Hussain Malumfar and others A I R 1957 Mad. 194 and In re: London & Globe Finance Corporation Ltd. (1903) 1 Ch. 728 ref. (c) Civil Procedure Code (V of 1908), O. XLI, r. 27--Addi tional evidence-Document conferring title not referred to in any proceeding previously had in respect of property but sought to be produced at appellate stage when another document failing in its object-Attempt to fill up lacuna in appeal, held, obviously dishonest and rightly disallowed. State of U. P. v. Manbodhan Lal P L D 1958 S C (Ind.) 170 ref. (d) Specific Relief Act (I of 1877), S. 42-Legal character to property-Declaratory suit-Alleged owner of premises dis possessing tenant but afterwards restoring possession on execution of an agreement-Agreement tainted with fraud and misrepresen tation-Owner's title to property also not established-Tenant, held, fully competent to institute suit for declaratory relief. M. A. Naser v.…