Law:

Section:

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-------S. 15(5)---Civil Procedure Code (V of 1908), O.VII, R.11 & S. 115--­Specific Relief Act (I of 1877), S. 42---Suit for declaration against order of Rent Controller wherein he had found that plaintiff was tenant of defendant---Plaintiff (tenant) instead of pursuing appeal against such order resorted to civil suit which was dismissed by Trial Court but decreed by Appellate Court---Validity---Suit filed by plaintiff wherein he had sought declaration against order passed by Rent Controller that finding of relationship of landlord and tenant was illegal, inoperative, misconceived and void, was hit by provisions of S.15(5), West Pakistan Urban Rent Restriction Ordinance, 1959 and plaint of suit ought to have been rejected in terms of O.VII, R. 11, C.P.C.---Suit being specifically barred under S. 15(5) of the Ordinance, plaint was liable to be rejected. Zahurul Hassan v. Mst. Ruqqia Begum and 4 others PLD 1981 SC 112 ref. (b) Specific Relief Act (I of 1877)--- ---Ss. 42 & 560)---West Pakistan Urban Rent Restriction Ordinance (VI . of 1959), S. 13---Criminal Procedure Code (V of 1898), S. 145---Principle of estoppel as enshrined in S. 560), Specific Relief Act, 1877---Applicability--­Plaintiff had undertaken before Magistrate in proceedings under S. 145, Criminal Procedure Code, 1898 that he would be bound by decision of Rent Controller---Rent Controller had found plaintiff to be tenant of defendant-Prayer for injunction (in presence of such statement) in terms of S.56(j), Specific Relief Act, 1877 would be hit by principles of estoppel ---Trial Court had correctly dismissed plaintiff's suit. (c) Specific Relief Act (I of 1877)--- ----S. 42---West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S.15(5)---Qanun-e-Shahadat (10 of 1984), Art. 114---Civil Procedure Code (V of 1908), O.VlI, R.11 & S. 115---Estopppel---Withdrawal of appeal- against order of ejectment by plaintiff on the ground that he would seek his remedy against ejectment through civil suit---No objection by defendant against withdrawal of appeal---Plaintiff was wrong in asserting that by not raising objection to…

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