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MUHAMMAD SALEEM versus WAQF MUHAMMAD MEHER ELAHI

Section 42 Civil Procedure Code (v. 1908), O. VIII, R11 Statute of Martyrs (10 of 1984), declaration in Article 115 suit and the rule for the rejection of estoppel by the landlord and tenant applying for possession of the property. Whether the plaintiff himself had admitted in very clear terms that the defendant had leased the article to him under the tenancy agreement and had given possession of the property to him and agreed to a monthly rent. Was gone and the plaintiff started paying rent accordingly. In the presence of such a clear admission to the plaintiff, no other material or document was required by the court to consider the estoppel contained in Article 115 of the Convention of Evidence and the plaintiff challenged the defendant's title for so long. Stopped doing. A tenancy agreement existed, however, if the plaintiff wanted to challenge the defendant's title, he could do so after surrendering the subject to the defendant's premises, which was the basis of the tenancy agreement between the parties. Of course, the circumstances may not be allowed to continue to occupy premises subject to a tenancy agreement and to challenge the title at the same time. For the defendant, such a situation would violate the concept of estoppel contained in Article 115, Convene e testimony, under 1984, the request granted by the defendant under the seventh order 11, CPC, allowed Was dismissed and the plaintiff was dismissed. famous high court advocate from Shahdad Kot lawyer