2020 YLR 2344 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD ILYAS VS MUMTAZ BEGUM S.8---Suit for possession of immovable property--- Admission---Withdrawal of---Effect---Suit land was inherited in favour of plaintiffs being widow and minor son of deceased---Defendant having possession of suit property being nephew of deceased filed earlier suit for declaration on the basis of gift against public-at-large which was ex parte decreed---Plaintiffs moved application for setting aside of said ex parte decree which was accepted with the consent of defendant wherein he admitted relationship of plaintiffs as widow and son of the allottee---Defendant thereafter withdrew the said suit and filed another suit against the plaintiffs on the basis of gift wherein he also admitted the plaintiffs as widow and son of the deceased---Said suit filed on behalf of defendant was dismissed and thereafter plaintiffs moved an ejectment petition against the defendant wherein he admitted the relationship of plaintiffs with the deceased---Plaintiffs could not prove relationship of landlord and tenant and eviction petition was dismissed and thereafter present suit was filed wherein defendant had denied the relationship of plaintiffs with the deceased---Suit filed on behalf of plaintiffs was decreed concurrently---Validity---Defendant had admitted the relationship of plaintiffs as widow and son of the allottee in the earlier litigations---Admission once made could not be withdrawn at any subsequent stage---Defendant was estopped to develop different stance other than the one already confirmed before the Court of law---Defendant had made allegations of illicit relationship of plaintiffs with the deceased allottee malafidely just for a defence to prolong his unauthorized possession---Defendant had lost his case on the basis of gift and he was bound to part with his possession forthwith---Real owners of suit property had been entangled in baseless litigation one after the other which practice was to be condemned---Defendant had defied the modesty of an old age widow and undermined the personality of her son while claiming him illegitimate child---Plaintiffs had right to independently proceed under the law against the defendant in that regard---Courts should be courageous to impose heavy costs against the defendant for his ill designs---Defendant had managed forged gift and asserted baseless allegations and prolonged his illegal possession over the suit property---Revision was dismissed with costs of Rupees 200,000/---Executing Court was directed to satisfy the decree as well as cost imposed herein within sixty days---Revision was dismissed in limine, in circumstances.