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RAHMATULLAH vs ZAMAIDUL S — 2022 YLR 511 PESHAWAR-HIGH-COURT

Case information

Citation
2022 YLR 511 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2022
Reporter
YLR
Parties
RAHMATULLAH vs ZAMAIDUL S
Subject matter
Civil
Provisions referred to
S. 25---Q; S. 8; Khyber Pakhtunkhwa Tenancy Act; Specific Relief Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

RAHMATULLAH VS ZAMAIDUL S. 25---Qanun-e-Shahadat (10 of 1984), Art.115---Constitution of Pakistan, Art.199---Constitutional petition---Tenant, ejectment of---Estoppel---Suit filed by respondents was decreed in their favour and petitioners were ordered to be ejected from land in question---Validity---Petitioners were recorded as tenants at will and once a tenant was always a tenant---Petitioners could only be ejected through Courts so established under the provisions of Khyber Pakhtunkhwa Tenancy Act, 1950---Petitioners were estopped under provisions of Art. 115 of Qanun-e-Shahadat, 1984, to deny title of respondents, who could not have approached Civil Courts under S.8 of Specific Relief Act, 1877, for redressal of their grievance, instead they had rightly approached Courts established under Khyber Pakhtunkhwa Tenancy Act, 1950---High Court in exercise of Constitutional jurisdiction declined to interfere in judgments and decrees passed by Courts below as there was no illegality in the same---Constitutional petition was dismissed in circumstances. Head NotesCase Description

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