Law:

Section:

Evidence Act (I of 1872)--S.116---Specific Relief Act (I of 1877), S.42---Constitution of Pakistan (1973), Art.185(3)---Suit for declaration and injunction relating to property in question--­Plaintiff's suit was dismissed by all the Courts below including the High Court-­Validity---Admitted feature of the case was that plaintiff was paying rent to defendant's father and after his death to defendant, without any objection or protest---Plaintiff was thus, in possession of property in question, as a tenant of defendant, having no other possessory title---Plaintiff, according to his own statement was not entitled to any declaration or equitable relief and was estopped to challenge the title of his landlord in view of doctrine of estoppel ---Plaintiff had no legal character which had been infringed---All the Courts below had concurrently found against plaintiff---Appeal was dismissed in circumstances. Hafizullah Khan v. Government of Pakistan 1975 SCMR 211 ref. JUDGMENT ABDUL QADEER CHAUDHRY, J.-This appeal by leave of the court is directed against the judgment of the High Court dated 7-11-1987. 2. The facts briefly stated are that the appellant filed a suit for declaration and injunction claiming to have constructed a shop on Khasra No.375/1, measuring 129-1/2 sq.ft. on Masjid Road, Naushki, and the same is in his possession for the last 20 years. But the respondent got this land allotted from the Town Committee, Naushki, illegally. The suit on contest was dismissed by the trial Court. The appellant's appeal before the District Judge and his Revision Petition before the High Court were dismissed by the respective Courts. 3. According to the appellant, the land underneath the shop was not allotted to the respondent No.2 but he started realising rent from the appellant through misrepresentation. The case of the respondent was that the land was allotted to his father Ganga Ram and the appellant was inducted as tenant in 1957. He was paying rent at the rate of Rs.15 per month to his father.…

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