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JAN MUHAMMAD versus ABDUL REHMAN

In order to uphold the declaration of the Special Relief Act 1877 Section 42 suit, the trial court / judge ruled on the declaration of honor in respect of the property of the suit, but in the appeal, Ashishura put aside the judgment and order of the trial court / judge. And excluded the case as well. As the plaintiff did not seek assistance for the occupation, the plaintiff claimed that he was the owner of the property in the dispute and that the defendants, who were his tenants, emailed the plaintiff the right. Had stopped doing so and the defendant had also informed him. It was submitted that the names of the property were filed in the dispute Defendants denied the plaintiff's title in connection with the property in the dispute The plaintiff filed a lawsuit against the defendants declaring their title. Despite denying the plaintiff's title, the claim for possession was not filed at the same time, because the remedy available for the occupant was to file an occupancy / eviction case under the Income Tenancy Ordinance 1978, income-related status. Prior to imprisonment, the only forum authorized to determine the title of the plaintiff was the civil court and only one civil suit was filed in that regard. It was declared and can not claim ownership of the trial and at the same time. Since the Trial Court / Judge had a separate forum for disposal of the tenant suit, therefore, the trial court / judge was manageable. online advocate from Gharo lawyer