1. ' ABDUL QADEER CHAUDHRY, J.---The respondents brought an application for ejectment of the petitioners from the premises in dispute. The ejectment order was passed against the petitioners.
2. The order of eviction was maintained by the Appellate Court. The petitioners challenged these orders in a Constitution Petition before the High Court but the same was dismissed.
3. ' The learned counsel for the petitioners submitted that the premises in dispute is an evacuee property and therefore the relationship of the landlord and tenant did not exist between the parties.
4. It is also an admitted feature of the case that the petitioner had obtained on lease the premises in question from the respondent. Therefore the petitioner is estopped to challenge the title of his landlord.
5. ' The learned counsel next contended that by the impugned judgment of the High Court the Settlement Authorities are debarred to initiate the proceedings regarding the character of the property. The petitioner is nobody to urge on behalf of a third party. The learned counsel has admitted that in execution of the decree the possession has since been delivered to the respondent landlord.
6. ' He next contended that the claim of the respondent was that he inherited property from his sister who had pruchased the plot and constructed house over it. The respondent filed suit for declaration that he was the only surviving heir of his sister Dr. Zenab Jamal. The suit was decreed.
7. The petitioner filed an application under section 12(2), C.P.C. To set aside the ex parte decree on the ground that the property was evacuee property. The learned trial Judge set aside the ex parte decree but the learned District Judge set side the judgment of the trial Court. The petitioners' petition was dismissed by the High Court. The learned counsel has admitted that the petition for leave to appeal was also dismissed by this Court. The petitioner does not claim title to the premises in dispute therefore he is not an aggrieved person. He has no right to challenge the title of his landlord. There is, therefore, no force in this petition and leave to appeal is refused.