Before M. R. Kayani, J.
SHER ZAMAN – Plaintiff-Petitioner
Ahmad Khan and others – Defendants-Plaintiffs-Respondents

Petition No. 143 of 1949, decided on 13th February 1950 for revision of the order of District Judge, Attock at Campbellpur, dated 2nd July 1949, affirming that of Additional Sub-Judge, 1st Class, Campbellpur, dated the 14th March 1949.

Punjab Tenancy Act (XVI of 1887), S. 77 (3) (d) – Declaratory suit – Occupancy tenant contesting alleged sale of occupancy rights to landlord – Lies in Civil Court.

The plaintiffs brought a suit for a declaration that they had not sold their occupancy rights in respect of certain land to the defendants, who were their landlords, nor had they given over possession to them, nor relinquished the occupancy tenancy, and for a permanent injunction restraining the defendants from interfering with the possession of the plaintiffs on he ground of an alleged sale.

Held, that the suit was maintainable in Civil Court and was not barred by S. 77(3) (d), Punjab Tenancy Act (XVI of 1887).

Such a suit is not for establishing a claim to a right of occupancy. It is for a declaration that a certain sale, upon which the defendants rely and by which the defendants are alleged to have purchased the plaintiffs’ right of occupancy, did not as a matter of fact, take place between the parties. That question is essentially one for the determination of the Civil Court, and the mere fact that the parties are related to each other as landlord and tenant will not bring it within section 77. The plaintiffs do not seek to establish a claim to a right of occupancy. Their claim is that the right of occupancy which they possessed should not be taken away from them by virtue of an alleged sale. [p. 143].

9 Lah. 38; A. I. R. 1942 Lah. 217 referred to.

S. A. Karim, for Appellants.
M. H. Munir, for Defendants-Respondents.