Law:

Section:

Transfer of Property Act (IV of 1882)-------Ss. 105 & 106---Specific Relief Act (I of 1877), S.8--- Suit for possession---Maintainability---Plaintiff had averred that suit-land was let out to defendant through rent note at monthly rent for a period of 11 months, that defendant undertook to vacate said land by removing his superstructure raised for residential purposes and that he would continue paying settled amount of rent---Suit was filed by plaintiff on ground that defendant had failed to pay rent despite notice---Suit was resisted by defendant alleging that land in dispute being situated within Municipal limits and locality in which land was situated having been declared `Kachi Abadi' suit filed by plaintiff was not maintainable and plaintiff should have filed ejectment application under S.13 of West Pakistan Urban Rent Restriction Ordinance, 1959---Validity---Rent Note, had clearly demonstrated that an open piece of lard without any structure over there was rented out at fixed monthly rent on which defendant was allowed to raise his "Jhugi" for residential purposes-- -Assertion of defendant that plaintiff should have filed application under S.13 of West Pakistan Urban Rent Restriction Ordinance, 1959 instead of a suit for possession merely for the reason that defendant had raised some construction over said rented land for residential purpose and same fell within Municipal limits, could not be accepted---Suit, in circumstances was competently filed by plaintiff---Default in payment of rent as claimed by plaintiff had fully been proved---Defendant had brought nothing on record to show that land in his possession was part of Kachi Abadi---Tenancy between parties being admitted, defendant on account of default in payment of rent and non-complying with terms of rent note, had to vacate land---Both Courts below had rightly decreed suit filed by plaintiff---In absence of any misreading or non-reading of evidence, concurrent of Courts below not suffering from any illegality or irregularity, could not be interfered with by High Court. Noor Muhammad Khan v. Haji Muhammad Ali Khan and others PLD 1973 SC 218; Mistri Ahmad Hassan v Abdur Rauf Khan and others 1986…

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