Law:

Section:

Cantonments Rent Restriction Act (XI of 1963)--- ----S. 17---Ejectment petition---Compromise deed/agreement between landlord and tenant outside court---Scope---When a factual controversy had been settled between the parties through an agreement outside the court and the same had been given effect by an order of the court of competent jurisdiction, then the same could not be resiled subsequently and the parties were under a legal obligation to abide by the terms and conditions thereof. Hasan Masud Malik v. Dr. Muhammad Iqbal and others 1995 SCMR 766 ref. THIS ORDER PASSED BY: JAWAD HASSAN, JUSTICE:---.--- Through this constitutional petition, the Petitioner seeks setting aside of order dated 15.07.2017 passed by Special Judge Rent, Sialkot, whereby he keeping in view detailed order dated 4.3.2017 passed by his predecessor dismissed the petition of the Petitioner and observed that nothing is to be paid by the Respondent and Petitioner has to return Rs.18.5 lac of security to the Respondent No. 2. He further observed that after payment of security amount by Petitioner to the Respondent No. 2, the possession shall be handed over to the Petitioner. Regarding other petition moved by the Respondent No. 2, the learned Special Judge Rent, observed that the Respondent No. 2 has complied with order dated 4.3.2017 and deposited keys of demised rented premises (shops) to Civil Nazar, but no security is returned to him. Therefore, the application moved by the Respondent No. 2 was accepted and the Petitioner was directed to return the amount of Rs.18.5 lac to the Respondent No. 2. 2. Facts briefly for the disposal of this constitutional petition are that ejectment petition regarding shops Nos.10- A, 10, 9-A, 9, 8-A, 8, 7-A and & 7 situated at Ground Floor and First Floor Cantonment Plaza Sialkot Cantt, filed by the Petitioner was allowed vide order dated 25.11.2015 by learned Rent Controller, Sialkot and the Respondent No. 2 was declared willful defaulter of rent under Section 17 of Cantonment Rent Restriction Act, 1963. His defence was struck off and he was directed to hand over the vacant possession of the demised shops within a period of two months. The Respondent No.…

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