Law:

Section:

Specific Relief Act (I of 1877)-------Ss. 8 & 42---Qanun-e-Shahadat (10 of 1984), Art.72---Declaration and recovery of possession---Rent deed---Proof---Non-production of rent deed---Relationship of landlord and tenant---Civil court, jurisdiction of---Plaintiffs assailed rent deed executed in favour of defendant being fake, fictitious and collusive---Trial Court decreed the suit in favour of plaintiffs and was maintained by Appellate Court---Plea raised by defendant was that attorney of the owner of suit property entered into agreement with her, regarding tenancy and civil court had no jurisdiction as the matter related to ejectment of tenant and regarding rent deed---Validity---Original rent deed was never produced by defendant at the time of recording of evidence and the same was not proved---Defendant failed to prove that any relationship of landlord was either claimed or admitted between the parties---Case was not of landlord against a tenant but by the owners against trespasser and thus civil court had the jurisdiction---High Court declined to interfere with the s and decrees passed by two courts below. Abdul Zakir Tareen for Petitioner. Saadullah Khan for Respondents. Date of hearing: 6th July, 2007. JUDGMENT SALIM KHAN, J.--- Miraan Bukhsh and Fazal Ahmad son of Muhammad Hussain instituted suit against Muhammad Ayub son of Muhammad Hussain, Wajid Ali and Mst. Nargas, daughter of Abdul Kareem (the present petitioner). It was alleged that the rent deed dated 12-5-1991 by defendant No.1 in favour of defendant No.3 was fictitious, fake and collusive and was ineffective on the rights of the plaintiffs and defendant No.1. The other prayer was for dispossession of the defendants from the suit house with further prayer for recovery of compensation for use of the said house from May, 1991 onwards by the defendants at the rate of Rs.700 per month. The defendant contested the suit. The contention of defendants Nos.1 and 2 was that defendant No.2, as attorney of defendant No.1, scribed the rent deed in favour of defendant No.3, and that defendant No. 1 had recovered from the illness and that defendant No.2 was maintaining the defendant No. 1. 2. The plea of the…

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