Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--S. 13---Constitution of Pakistan (1973), Art. 185(3)---Confusion with regard to area Lad boundaries of properties---Effect---Parties being closely related had been treating specific plot and adjacent house as one property---Dispute between parties related to ejectment from house---Appellate Court's order of ejectment of respondent from house in question was set aside by High Court in Constitutional jurisdiction, on the ground that in previous suit during course of proceedings, parties had agreed not to interfere in each others possession---Leave to appeal was granted to consider that there being confusion with regard to area and boundaries of properties, whether High Court in circumstances should not have directed parties to take their dispute to a Civil Court for final determination. ORDER SAAD SAOOD JAN, J: --This petition for special leave to appeal arises out of the judgment and order dated 13-10-1984 of the Lahore High Court whereby in Constitutional jurisdiction it set aside an order of eviction passed against respondent. No. 1 by the Additional District Judge under the Urban Rent Restriction Ordinance. 2. The petitioners and respondent No.1 are first cousins as their fathers were real brothers: The father of the petitioners was transferee of House No. 3/2 in Muhallah Chaudharianwala, Sahiwal-Town, Tehsil Shahpur. Contiguous to the house was an open plot bearing No. 4/2. The petitioners' father together with another brother and respondent No.1, jointly and in equal shares, purchased the plot in an auction. The petitioners' father died in 1975. A few months later they filed a suit for possession through partition of their share in the said plot. During the course of the proceedings the parties made statements that they would continue to remain in possession to the extent they were already occupying the joint plot and that none of the parties would interfere with the possession of the other. The suit was disposed of accordingly. Subsequently, respondent No.1 attempted to get the plot renumbered and allotted in his favour. Although he was initially successful but later his attempts failed. 3. On…

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