1983 CLC 70 LAHORE-HIGH-COURT-LAHORE

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MEHRAJ DIN VS LAHORE IMPROVEMENT TRUST Constitution of Pakistan 1973--199 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S. 13 read with Constitution of Pakistan (1973), Art. 199-Ejectment, challenge to-Writ jurisdiction-Contention that property in dispute occupied by petitioner fell within a Scheme and ceased to be evacuee property on its being acquired by Improvement Trust/Development Authority and as such its transfer and allotment to person who filed ejectment application against him could not be sustainable in law-Development Authority denying that property in dispute fell within Scheme-Writ petition having been filed 6 years after issuance of P. T. O. in favour of landlord deemed to be counterblast to eviction application-Landlord in his eviction application stating petitioner to be his tenant but such allegation not controverted by petitioner-Petitioners having contested eviction proceedings cannot be believed to have been unaware of transfer proceedings and deemed to have acquiesced in order of transfer especially when such transfer not challenged by way of appeal, revision, or review-Transfer having become final could not be challenged in collateral proceedings Petitioners also guilty of taking inconsistent pleas first by filing an application under Settlement Scheme No. VIII for its transfer and thereafter stating such property to be not evacuee property Petitioners being tenants by virtue of a rent note and such fact having not been denied estopped from challenging title of their landlord Petitioners also guilty of inaction and excessive laches hence not entitled to relief in equitable and discretionary jurisdiction-Petition, held, without force--[Muhammad Sadiq v. Chief Settlement Commissioner P L D 1.963 Lah. 499 held not applicable].