2004 SCMR 807 SUPREME-COURT

Full text

ABDUL MAJEED VS MUHAMMAD BOOTA Civil Procedure Code --Order I of C.P.C. Parties to Suits--10 , Constitution of Pakistan 1973--185 , Punjab Tenancy Act 1887--39 , ----S. 39---Civil Procedure Code (V of 1908), 0.1, Rr.9 & 10(2)--Constitution of Pakistan (1973). Art.185(3)---Ejectment of occupancy tenant ---Decree_ of Trial Court upheld by Appellate Court was set aside by High Court in revision---Contention of plaintiffs was that status of defendant was not better than a trespasser over the land---Validity--Major share in property (i.e. 11/12th share) vested in Central Government, which had -not been impleaded in the suit---Plaintiffs being co-owners to extent of 11 / 12th share in property might be entitled to protect their right and interest in property, but lacked locus standi to ask for ejectment of defendant, whose possession over the land had been. found to be permissive by competent Court in earlier suit filed by defendant---Central Government had not revoked such permission--Central Government or its transferee might lawfully ask for eviction of defendant, but not the plaintiffs