Citation Name: 2023 MLD 759 PESHAWAR-HIGH-COURTBookmark this Case RASHIM KHAN vs FIDA HUSSAIN O — 2023 MLD 759 PESHAWAR-HIGH-COURT

Case information

Citation: 2023 MLD 759 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2023
Reporter: MLD
Parties: Citation Name: 2023 MLD 759 PESHAWAR-HIGH-COURTBookmark this Case RASHIM KHAN vs FIDA HUSSAIN O
Subject matter: Civil
Provisions referred to: S. 28; S. 33; S. 25

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

Citation Name: 2023 MLD 759 PESHAWAR-HIGH-COURTBookmark this Case RASHIM KHAN VS FIDA HUSSAIN O. VII, R. 11---Specific Relief act (I of 1877), Ss. 54 & 9---Khyber Pakhtunkhwa Tenancy act (XXV of 1950), Ss. 25, 28, 33, 34 & 35---Suit for perpetual injunction and possession---Rejection of plaint---Restriction on ejectment---Relief for wrongful dispossession or ejectment---Bar to civil suits---Scope---Petitioner assailed rejection of his plaint by the courts below---Petitioner had instituted a suit for permanent injunction and in alternate for possession, contending therein that he was tenant-at-will in the suit property and that the respondent was pressurizing him to vacate the property---Validity---Stance of petitioner as tenant-at-will was established and the respondent had not denied the tenancy rights of the petitioner---Petitioner, through a suit before Civil Court, could not seek a restraining order against the actual owners for deriving any benefits therefrom, if in case of infringement of his rights in respect of tenancy then he could safely resort to relief as contained in S. 28 read with S. 33 of the Khyber Pakhtunkhwa Tenancy act, 1950---Respondent also could not eject the petitioner without resort to the relevant forum, through petition under S. 25 of the Khyber Pakhtunkhwa Tenancy act, 1950---Revision petition was dismissed.

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