Law: Civil Procedure Code (V of 1908)

Section: 2(2)

Law: Civil Procedure Code (V of 1908)

Section: 2(2)

Law: West Pakistan Urban Rent Restriction Ordinance (VI of 1959)

Section: 13(4)

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-------S. 15---Civil Procedure Code (V of 1908) S.2(2)---Ejectment petition of tenant on ground of bona fide personal need of landlord was accepted---"Decree"---Definition---Abatement---Scope---Contention of the tenant (appellant) was that since the landlord had died after the order of the Rent Controller; his legal heirs could not get the benefit of the impugned order of the Rent Controller---Validity---Deceased landlord had succeeded in the ejectment petition on ground of bona fide personal need and the Trial Court/Rent Controller had ordered the tenant to vacate the premises---Decree had been defined in S.2(2) of the C.P.C. as a formal expression of adjudication, determining the rights of the parties to the suit etc.---Word "party(s)" shall include his/their legal representative(s), who represent(s) the estate of the deceased and stepped into his/her/their shoes---Decree was a declaration of a right of a party, which entitled it to get such a right---Decree in favour of the landlord, entitled him to get possession of the disputed property, therefore, upon his death, the decree did not abate---Once a right was accrued in favour of a decree-holder, after his death, it automatically devolved upon his legal heirs and they had the right to defend the decree and were entitled to contest the appeal---Appeal was dismissed. (b) Abatement--- ----Principle---Decree in favour of the landlord, entitled him to get possession of the disputed property, therefore, upon his death, the decree did not abate---Once a right was accrued in favour of a decree-holder, after his death, it automatically devolved upon his legal heirs and they had the right to defend the decree and were entitled to contest the appeal. Muhammad Mehmood Khokar for Appellant. Mujeeb Ahmed Hashmi for Respondent. Dated of hearing: 18th May, 2012. JUDGMENT JAMAL KHAN MANDOKHAIL, J.--- Briefly stated facts of the case are that the respondent filed the eviction application against the appellant on the ground of personal bona fide use and occupation in respect of the shop constructed over the land bearing Khewat No.143, Khatooni No.121, Khasra No.32,…

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