Law:

Section:

pecific Relief Act (I of 1877)-------S. 8---Suit for possession---Plaintiffs who claimed to be landlord/owners of the suit house situated on the land which was owned by them through their predecessors and private partition, filed suit for possession and recovery of outstanding rent against defendant who allegedly was their tenant---Defendant denied relationship of landlord and tenant between the parties and claimed to be owner of suit property by virtue of long possession thereon---Both the Trial Court and Appellate Court below had concurrently decreed the suit by the plaintiffs---Validity---Counsel for defendant could not point out any evidence whereby the denial of relationship of landlord and tenant by the defendant could be justified, which otherwise seemed to be frivolous---That also would take care of his objection with regard to the maintainability of the suit for recovery of possession without seeking declaration of title---As the plaintiffs were already owners of the property by virtue of inheritance and partition, mere denial of relationship of landlord and tenant by the defendant, could not convert the suit into one of title--Such denial was not based on any convincing evidence---When the title of the plaintiffs was not defective, they could competently bring the suit in the present form---Two courts below had rightly passed the impugned s and decrees---Revision petition filed by the defendant being devoid of any force, was dismissed. Shakeel Azam Awan for Petitioner. Muhammad Taif Khan for Respondents. Date of hearing: 21st December 2009. JUDGMENT LIAQAT ALI SHAH, J.---This revision petition has been filed against the judgment/decree dated 22-10-2007 of the learned Additional District Judge, Hangu vide which Civil Appeal No.63/13 of 2006 filed by the petitioner against the judgment/decree of the learned Senior Civil Judge, Hangu, in Civil Suit No.37/1 of 2003, was dismissed. 2. The learned Senior Civil Judge vide judgment and decree dated 21-7-2006 had decreed the suit of plaintiff/respondent. Respondent/ plaintiff Haji Sarwar Khan and 3 others instituted a suit against the defendant in the Court of learned Senior Civil Judge, Hangu, for possession…

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