Law:

Section:

(a) Specific Relief Act (I of 1877)--- S. 9-Ingredients-Provision of law under S. 9 of Act has four ingredients : (i) person suing must have been dispossessed, (ii) such dispossession must be of immovable property, (iii) dispossession should be without consent and (iv) dispossession should be otherwise than in due course of law. (b) Contract Act (IX of 1872).- -----S. 13 read with Specific Relief Act (I of 1877), S. 3-Consent­Definition--Definition of "consent" or free-consent in Contract Act, 1872 applies to provisions of Specific Relief Act under residuary clause of S. 3 of Specific Relief Act.-[Words and phrases]. (c) Specific Relief Act (I of 1877)- - S. 9-'Consent'-Consent although obtained without element of force or duress, but obtained by practising deceit, trick or misrepresen­tation deliberately, held, no consent in eye of law for purposes of S. 9 of Act I of 1877. Chairman, District Screening Committee v. Sharif Ahmad Hashmi P L D 1976 S C 258 ; Sharif Ahmad Hashmi v. Chairman, Screening Committee, Lahore 1978 S C. M R 367 ; Black's Law Dictionary, 4th Edn. ; Osborn on The Concise Law Dictionary ; Cochran on Law Lexicon ; Chambers Twentieth Century Dictionary and American Jurisprudence II (Vol. 37) ref. ORDER SHAFI-UR-REHMAN, J.--Leave to appeal was granted on 6-7-1978 in the following words "On the finding given by the Courts below that the respondent have voluntarily vacated the rooms for affecting the repairs, the question arises as to whether it amounts to actual dispossession within the ambit of section 9 of the Specific Relief Act, so as to entitle the respondent to seek the relief for the recovery of possession." 2. The respondent filed a civil suit on 13-2-1975 under section 9 of the Specific Relief Act alleging forcible dispossession from two rooms in his tenancy on 10-2-1975, having before that date vacated the shed in front of these two rooms for repairs. The appellant denied these allegations and claimed that the respondent tenant being in default in payment of rent "vacated the premises in question and handed over the possession to the defendants of his own free will, before the respectable persons." To thwart the respondent's effort to…

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