2021 MLD 2046 LAHORE-HIGH-COURT-LAHORE

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Mst. HAMEEDA BIBI VS KHAN MUHAMMAD alias KHAN AHMAD S.8---Suit for possession ---Suit was filed without seeking declaration qua entitlement in the suit-property---Maintainability---Record revealed that the claim of tenancy of (part of) property-in-question of predecessor-in-interest of the petitioners/plaintiffs was dismissed about forty years ago for want of proving the relationship of landlord and tenant between the parties; and Rent Controller observed that it could not determine the question of title and legitimacy of the documents, while respondent (alleged tenant in said eviction petition) also claimed right in the property-in-question being purchased by predecessor of the petitioners/plaintiffs---Notwithstanding said facts/background, petitioners filed a suit for possession simplicitor, without claiming declaration qua their entitlement or alleged legal right in the property , being the estate of their predecessor, when their entitlement regarding legal title in the property was challenged/disputed---Suit of possession filed by the petitioners was not maintainable, in circumstances---Appellate Court had rightly reversed the decree and judgment passed by the Trial Court in the favour of petitioner---Revision petition was dismissed, in circumstances.