Law: Evidence Act, (1 of 1872)

Section: 116

Law: Pakistan (Administration of Evacuee Property) Ordinance (XV of 1949)

Section: 34

(a) Evidence Act (I of 1872), S. 116-Tenant bound to pay rent to landlord even if latter is not in fact the owner of pro­perty the subject of tenancy. If the agreement of tenancy be admitted and it be admitted further that the tenant was put in possession, he would be bound to pay rent to the plaintiff irrespective of whether the plaintiff was or was not the owner of the property. Under section 116 of the Evidence Act no tenant is entitled during the continuancy of the tenancy to deny the title of the landlord. (b) Pakistan (Administration of Evacuee Property) Ordinance (XV of 1949), S. 34-Suit between landlord and tenant--Tenant's plea that property is evacuee-Custodian's finding in other proceedings to which tenant was not a party that property was not evacuee-Finding conclusive for purposes of suit until set aside on review-Suit need not be stayed. In a suit between landlord and tenant it is open to a defend­ant to raise a plea that the property is evacuee property and as he is liable to pay to the Custodian, he is not liable to pay rent to the plaintiff. Nevertheless an order passed by the Custodian though it is not "' in rem and though it would not bind anybody who is not a party to the proceedings, it does bind the Custodian himself and in this case was conclusive of tile non-evacue nature of the property. Till it was actually reviewed the order was valid and binding and prevented a plea as to the property being evacuee. In cases of just ter ti no person is allowed to plead the right of another when his opponent has got a decree against that other. Every person is bound by the estoppels which affect the person whose right he pleads. JUDGMENT KAIKAUS, J.---This revision petition arises in the circumstances that follow. The Dayal Singh College Trust Society filed suit against S. A. Waheed the petitioner before me, for recovery of Rs. 4,296-12-3 as arrears of rent of shop No. 15 in Dayal Singh Mansion, the Mall, Lahore. The petitioner raised the plea that the shop was evacuee property and prayed that the suit be staved under section 34 of the Pakistan (Administra­tion of Evacuee Property) Ordinance (XV of 1949) so that the question as to whether the shop was…

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