Law:

Section:

Civil Procedure Code (V of 1908)--- ----O. XXI, R.100---Constitution of Pakistan (1973), Art. 185(3)--­Execution petition---Objection petition---Dispossession from immovable property---Failure to prove possession over the suit property---During execution of and decree passed in pre-emption suit, the petitioner filed objection petition under O.XXI, 8.100, C.P.C.--­Executing Court dismissed the objection petition and the dismissal order was maintained by High Court---Validity---Petitioner failed to point out any averment in her objection petition alleging that she was in possession of the suit-land and had been dispossessed as a result of execution proceedings---Possession of the objector was sine qua non for invoking the provisions of O.XXI, 8.100, C.P.C.---Supreme Court declined to interfere with the orders passed by the Courts below---Leave to appeal was refused. Ahmed Khan's case PLD 1975 SC 311 ref. ORDER KHALIL-UR-REHMAN RAMDAY, J.---This petition is directed against a judgment, dated 18-6-1999 of the Lahore High Court passed in F.A.O. No.70 of 1995 which judgment affirmed an order, dated 19-12-1994 passed by a learned Civil Judge 1st Class, Jaranwala in an objection petition filed in Execution Petition No. 17/10 of 1985. 2. A sister of the petitioner namely Mst. Ameer Begum had sold 81 Kanals and 2 Marlas of land through a registered sale-deed, dated 20-10-1979 which sale was pre-empted by respondents Nos. 1 to 5 through a suit filed on 22-10-1980. This suit was decreed and the appeal filed against the said judgment and decree was dismissed by the Lahore High Court on (sic). 3. A month thereafter i.e. on 12-3-1985 the decree-holders submitted an application for execution of the said decree passed in their favour and also prayed for delivery of possession of the suit-land. 4. This is where Mst. Bakhtawar petitioner enters the arena in by filing an application under section 12(2) of the C.P.C. for the setting aside of the above mentioned judgment and decree of the Lahore High Court. This application was dismissed on 28-4-1992 whereafter the petitioner filed an objection petition before the learned Executing Court which petition was also dismissed by the said…

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