| Citation(s) |
|---|
| 1983 SLG 357 1983 SLD 357 1983 SCMR 525 |
Supreme Court of Pakistan
Civil Appeal No. 35 P of 1974, decision dated: 12-03-1983.(On appeal against the judgment and order of the Peshawar High Court Peshawar, dated the 7-02-1974 in Civil Revision No. 303 of 1973)
SHAFIUR RAHMAN, ZAFFAR HUSSAIN MIRZA AND MIAN BURHANUDDIN KHAN, JJ
Qazi Abdur Rashid, Advocate Supreme Court and M. Qasim Imam, Advocate on-Record (absent) for Appellant. Abdul Hakim Khan, Advocate Supreme Court and Ch. Akhtar Ali, Advocate on-Record for
Respondent No. 2
Civil Appeal No. 35 P of 1974, decision dated: 12-03-1983.(On appeal against the judgment and order of the Peshawar High Court Peshawar, dated the 7-02-1974 in Civil Revision No. 303 of 1973)
SHAFIUR RAHMAN, ZAFFAR HUSSAIN MIRZA AND MIAN BURHANUDDIN KHAN, JJ
Qazi Abdur Rashid, Advocate Supreme Court and M. Qasim Imam, Advocate on-Record (absent) for Appellant. Abdul Hakim Khan, Advocate Supreme Court and Ch. Akhtar Ali, Advocate on-Record for
Respondent No. 2
SIRAJUDDIN (REPRESENTED BY LEGAL HIERS)
VS
FAKHRUZZAMAN AND ANOTHER)
Law:
Section:
(a) Constitution of Pakistan (1973)--- Art. 185(3) read with N. W. F. P. Tenancy Act (XXV of 1950), S. 49 and Punjab Tenancy Act (XVI of 1887), S. 77, proviso Sub¬stance of controversy between parties concerning a matter exclusively within jurisdiction and competence of Revenue Court Leave to appeal granted to examine whether defence of petitioner in civil suit filed by respondent did not require return of plaint for presentation in Revenue Court. (b) N: W. F. P. Tenancy Act (XXV of 1950) S. 49 read with Punjab Tenancy Act (XVl of 1887). S. 77, proviso and Evidence Act (I of 1872), Ss. 115 & 116 Eviction of tenant¬-Tenant in defence of eviction petition denying jurisdiction of Revenue Court and putting forward his own ownership and title in land thereby completely ousting title and ownership of landlord Features of pleadings prompting landlord to file application, reproducing his claim and objection and expressing his intention to move Civil Court in matter Held, such conduct attracted principle of estoppel by conduct and pleadings against him Landlord, in such circumstances, could justifiably go over civil court and claim relief. [Estoppel]. Pushavati Alakh Narayan Gajapatiraj Maharaj Manya Sultan Bahadur Garu v. Secretary of State A I R 1926 P C 18 ; Mahadeo Singh v. Pudai Singh A I R 1931 Oudh 123, ; Ram Khelawan Singh and others v. Maharajah of Benares A I R 1930 All. 15; Saira Bib! v. Chandrapal Singh and others A I R 1928 Oudh 503 ; Abdul Qayum v. Fida Hussain 30 I C 551 ; Sheo Raten v. Lallu 95 I C 845 ; Aiyathurai Pillai v. Gnanaprakasa Odayar 52 1 C 829 ; Uttamchand v. Saligram 117 I C 285 and Mst. Basti Begam v. Sajjad Mirza 47 I C 558 ref. Akram v. Zakarid Khan P L D 1962 (W. P.) Pesh. 7 distinguished. (c) N: W. F. P. Tenancy Act (XXV of 1950)- - S. 49 read with Punjab Tenancy Act (XVI of 1887), S. 77 Eviction of tenant Landlord succeeding in proving his ownership of land through succession as evidenced by Revenue record Solitary statement of tenant to contrary Held; insufficient to rebut presumption arising out of entries of revenue record characterised by antiquity (1925) And continuity. Abdul Majid Mian v: Nabiruddin P L D 1970 S C 465 ; Fakir…
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