Law: Specific Relief Act, 1877

Section: 42

Specific Relief Act (I of 1877)--- ----S.42---Suit for declaration---Tehbazari Licence---Tenant plaintiffs suit for declaration that he was a tenant of a plot owned by the Municipal Committee---Name of the plaintiff was illegally erased from the Tehbazari register and defendant Municipal Committee had admitted said fact in written statement---Trial Court decreed the suit and appeal against same failed---Validity---Name of the plaintiff was scored off without any order of the competent authority---Argument that plaintiff was a licensee and as such his suit was not competent had no force as plaintiff was a tenant and was regularly paying the rent of the property---No default of payment of rent was alleged---Concurrent finding was not disturbed in circumstances and revision petition was dismissed. JUDGMENT MUHAMMAD SAYEED AKHTAR, JUSTICE:---.--- The plaintiff/respondent No.1 filed a suit on 20-2-1994 against the petitioner and defendants/respondents 2 to 4 for declaration along with permanent injunction to the effect that the plaintiff and Muneer Ahmad Butt (the predecessor-in-interest of defendant/respondent No.3) obtained Plot No.112 now No.69) from Municipal Committee, Sheikhupura, A defendant No.4 on rent, constructed a shop on it and are regularly paying the rent to defendant/respondent No.4 (Municipal Committee). The plaintiff and Muneer Ahmad Butt, jointly installed a flour mill (Chaki) at the site and also obtained an electric connection in the name of plaintiff. Subsequently they changed the business and started selling fertilizers. Muneer Ahmad, the partner of the plaintiff died and was succeeded by his son/defendant No.3. The plaintiff and Muneer Ahmad Butt (the predecessor-in-interest of defendant No.3) paid the rent as well as the electricity bill regularly, their name was present in the Tehbazari register of the respondent No.4. The defendant No.1/petitioner in collusion with the staff of the. defendant/ Municipal Committee got the name of the plaintiff deleted and inserted the name of defendant No.1 as ticket holder. The insertion of the name of the respondent No.1 was without any notice to the plaintiff and illegal and ineffective upon his rights.…

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