TOWN COMMITTEE, DIPALPUR vs AHMAD DIN AND 3 Other — 1972 PLD 290

Citation: 1972 PLD 290

Court: Lahore High Court

Year: 1971

Decision Date: 1971-11-08

Parties: TOWN COMMITTEE, DIPALPUR vs AHMAD DIN AND 3 Other

Headnotes

Case cited as PLD 1972 Lahore 290

Judgment Text

Court Name: Lahore High Court Judge(s): Aftab Hussain Title: TOWN COMMITTEE, DIPALPUR vs AHMAD DIN AND 3 Other Case No.: Civil Revision No. 44 of 1971 Date of Judgment:1971-11-08 Reported As: PLD 1972 Lahore 290 Result: Petition accepted JUDGMENT JUDGMENT The revision petition is directed against an order dated the 17th November 1970 passed by Civil Judge, Pakpattan, allowing the respondent to withdraw the suit with permission to file a fresh suit. The respondents had filed a suit for decoration that the petitioner had no right to recover rent of plot No. 52/143 and shops bearing Nos. 56/143, 55/143 and 54/143 on the plea that the plaintiffs- respondents had secured the site along with its building and had turned the same into shops. It was also alleged that the petitioner first began to recover tehbazari and subsequently got stamps executed treating the plaintiffs-respon--dents as tenants and did not allow them to secure ownership rights under scheme No. VII of the Displaced Persons (Compensa--tion and Rehabilitation) Act, 1958 although the petitioner was never allotted this area by any authority. In reply the petitioner raised inter alia the following preliminary objections:- (1) The plots were secured by plaintiffs on rent and they bad executed rent deeds in favour of the defendant-petitioner. They were, therefore, estopped from challenging the entitle--ment of the defendant-petitioner. (2) The suit was bad for miss-joinder of parties and causes of action. (3) The…

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