Law:

Section:

Qanun-e-Shahadat (14-of 1984)------Art. 115---Constitution of Pakistan (1973), Art. 185(3)---Suit for declaration that plaintiffs (respondents) were owners of suit land and alleged sale-deed in favour of defendants was fictitious ---Estoppel of tenant to deny title of owner during his possession of the property---Defendant entered into possession of land in question as lessee under plaintiffs---Defendant during continuation of his possession as such, claimed to have purchased land---Original defendant, having failed to prove such sale in his favour, his possession would be deemed to be in continuation of lease agreement till such time that he surrendered possession to lessor even if he had denied title of lessor during his lease period---Decision of High Court in restoring decision of Trial Court whereby plaintiff's suit had been decreed and setting aside decision of First Appellate Court whereby plaintiff's suit had been dismissed, was not open to interference---No infirmity in the of High Court existed---Leave to appeal to Supreme Court was refused in circumstances. ORDER FAZAL ILAHI KHAN, J.---The legal representatives of Hayat Gul deceased, petitioners herein; seek leave to appeal against the judgment and decree of a learned Judge of the Peshawar High Court dated 3-3-1996 passed in Civil Revision No.311 of 1990. -2. Hayat Gul deceased/predecessor-in-interest of the petitioners got the suit land on lease from one Samad Khan predecessor-in-interest of the respondents-plaintiffs. On the death of Samad Khan, Hayat Gul lessee refused to pay the lease money on the ground that he had purchased an area measuring one jarib out of the suit land from Mohibullah son of Samad Khan on the basis of a sale-deed dated 2-5-1972. As such Civil Suit No.78/1 was brought in the Court of A.P.O. Dargai exercising the powers, of Civil Judge by Mohibullah and Ikramullah minor sons of Samad Khan through their next friend Madat Khan against Hayat Gul for declaration to the effect that Mohibullah plaintiff No. l was minor and that the alleged sale-deed in favour of Hayat Gul defendant was void and liable to be declared as such. Prayer was made that the defendant be restrained from…

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