2002 CLC 1971 KARACHI-HIGH-COURT-SINDH

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MAQSOOD AHMAD VS Shrimati BHAGWANI BAI Displaced Persons (Compensation and Rehabilitation) Act 1958--30 , Specific Relief Act 1877--42 , ----Ss. 8 & 42---Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S.30---Recovery of possession---Illegal possession---Statutory tenant, status of---Failure to seek declaration of title by plaintiff---Defendant resisted the suit on the ground that he had taken the suit shop on rent for which he was regularly depositing rent with the Rent Controller and as such he was tenant---Defendant had also claimed the status of a statutory tenant labouring under misconception that the property was an evacuee property and claimed privilege of S.3o of Displaced Persons (Compensation and Rehabilitation) Act, 1958, for his eventual eviction from the shop---Defendant also challenged the maintainability of the suit .on the ground that a declaration of the title should have been obtained by the plaintiff in the suit---Validity---Trial Court, in the present case, had dealt with all issues separately in exhaustive manner against which High Court declined to take any exception---After the confirmation of title by the Settlement Authorities and finally by the High Court through Constitutional petition it was futile for the plaintiff to insist upon the grant of declaration of title by Civil Court---As the defendant could neither produce any rent agreement nor any receipt for payment of rent in the Trial Court as well as in Appellate Court, the plea of being tenant was rejected by High Court being false, and fabricated and invented to perpetuate his illegal possession over the shop for more than 30 years without any legal justification---Defendant had no right of occupation of the shop in question---Defendant had perpetuated his illegal possession depriving the real owner to enjoy the benefits of his property for about 30 years---High Court expressed its deep indignation for the inordinate delay which was caused by the various reasons created by the defendant which resulted in delaying the dispensation of justice.