2010 SCMR 1433 SUPREME-COURT

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MUMTAZ AHMED VS SAEED AHMED alias KHALID PLD 1973 Kar. 284, Declaration of title--Term , Qanun-e-Shahadat Order 1984--115 , Specific Relief Act 1877--42 , S 42---Qanun-e-Shahadat (10 of 1984), Art. 115---Declaration of title---Estoppel of tenant---Land in question was owned by local government, and plaintiffs had constructed shops over it with permission of the authorities---Defendants were in possession of suit property as tenants of plaintiff, who stopped payment of rent to plaintiffs and also denied their title---Suit filed by plaintiffs was decreed in their favour by Trial Court and appeal filed by only defendants was allowed and suit was dismissed---High Court in exercise of revisional jurisdiction restored the judgment and decree, passed by Trial Court---Plea raised by defendants was that in presence of actual owner of property, provision of Art.115 of Qanun-e-Shahadat, 1984, was not applicable---Validity---Statutory bar was created against tenant to challenge title of landlord---Decision arrived at by Trial Court in respect of title of suit property was decided against authorities who did not challenge judgment and decree of Trial Court, as such they had accepted the same---It was not alleged that local government ever threatened eviction of defendants---Ordinarily tenant was not entitled to set up title of third person---There was nothing on record to show that bar created under Art.115 of Qanun-e-Shahadat, 1984, had been removed as such defendants could not challenge title of plaintiffs---Supreme Court declined to interfere in judgment and decree passed by High Court---Appeal was dismissed.