AHMAD DIN AND 3 Others vs TOWN COMMITTEE DIPALPUR — 1972 SCMR 205

Citation: 1972 SCMR 205

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-12-31

Parties: AHMAD DIN AND 3 Others vs TOWN COMMITTEE DIPALPUR

Headnotes

Case cited as 1972 SCMR 205

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Waheeduddin Ahmad Title: AHMAD DIN AND 3 Others vs TOWN COMMITTEE DIPALPUR Case No.: Civil Revision No. 44 of 1972 Date of Judgment:- Reported As: 1972 SCMR 205 Result: Leave refused Judgment ORDER WAHEEDUDDIN AHMAD, J.,-The petitioners, instituted, a civil suit on the 26th September 1969, in the Court of Civil Judge, Pakpattan, Camp Dipalpur, District Sahiwal, for a declaration that they are owners of Plot No. 52/143 and shops Nos. 54./1,43., 557143 and 56/143 and the Town Committee was not competent to recover the rent for the same. In their written statement, the respondent raised the preliminary objections as under :- (i) By admitting tenancies through rent deed the plaintiffs stood estopped from challenging defendant's title. (ii) Plaintiffs having obtained different plots, separate suits were essential. (iii) Having admitted the land to be evacuee property, the plaintiffs also claimed to be its owner but absence of allotment in their favour, leads to inconsistencies in pleading. (iv) For jurisdiction not having been mentioned, the suit merit dismissal. On the 17th November 1970, when the case was fixed for argu--ment, the petitioners submitted an application for withdrawal of the suit with permission to file a fresh one on the following grounds :- (i) Technical defects in the suit as was evident from preliminary issue. (ii) There was sufficient cause for returning the suit permitting a fresh. The…

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