1983 SCMR 525 SUPREME-COURT

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SIRAJUDDIN VS FAKHRUZZAMAN Evidence Act 1872--115 , Evidence Act 1872--116 , Proviso--TERM , S. 49 read with Punjab Tenancy Act (XVl of 1887). S. 77, proviso and Evidence Act (I of 1872), Ss. 115 & 116-eviction of tenant-Tenant in defence of eviction petition denying jurisdiction of Revenue Court and putting forward his own ownership and title in land thereby completely ousting title and ownership of landlord-Features of pleadings prompting landlord to file application, reproducing his claim and objection and expressing his intention to move Civil Court in matter-Held, such conduct attracted principle of estoppel by conduct and pleadings against him-Landlord, in such circumstances, could justifiably go over civil court and claim relief.-[Estoppel].