Law:

Section:

Civil Procedure Code (V of 1908)--- S. 115 & O. XIX, rr. 1 & 2-"Case decided"-Rejection of application under O. XIX, rr. 1 & 2 by executing Court-Not a case decided-Revision application filed in High Court-Not falling under S. 115, hence, not competent. ORDER WAHEEDUDDIN AHMAD, J.-Respondent No. 2 constructed a single storey 4-roomed permanent building on a piece of land in Hasrat Mohani Colony, Karachi and has established therein a hotel called `New Azad Hotel'. It is alleged that a shop in the said property was let out to respondent No. 1 since June 1963. It is further alleged that one of the three rooms of the said property was in possession of respondent No. 2 and the remaining two rooms were rented out to Muhammad Idris Bengali, Abdul Qasim, Noor Hussain and Noorul Islam. The case of the petitioner is that on the 22nd March 1971, the respon­dent No. 2 executed a general power of attorney in favour of one S. M. A. Haleem son of Abdul Mannan and left Pakistan in the last week of March 1971, and had not returned since then. According to the petitioner, on the 30th December 1972, the Attorney o f respondent No. 2 sold to the petitioner the entire superstructure for Rs.14,000 and asked both the tenants to sign a letter of attornment in favour of the petitioner. Muhammad Idris signed the letter but respondent No. 1 avoided to sign it. Later on, respondent No. 1 claimed that he had purchased the property in dispute from respondent No. 2 and gave a public notice to this effect. Thereafter, the petitioner filed an application for eviction under section 13 of the Urban Rent Restriction Ordinance an the Court of Rent Controller and Civil Judge, 2nd Class, Karachi, which is known as Rent Case No. 703 of 1973. The petitioner was surprised to learn that respondent No. 1 had filed on the 7th March 1973, Rent Case No. 660 of 1973 for the ejectment of respondent No. 2 before the Rent Controller and Civil Judge, 2nd Class, Karachi, describing the respondent No. 2 as his tenant. On the 29th August 1973, respondent No. 1 secured orders for issue of writ of possession and for its execution by breaking open the locks in the absence of respon­dent No. 2. On the 1st…

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