Law:

Section:

1 & 2. The dispute between the parties has been discussed and disposed of by the learned Controller in these words: -----   "On the other hand learned counsel for opponent/JD (urged) that in fact applicant/D.H. has settled his matter and dispute with the opponent and had engaged into fresh agreement with the opponent/J.D. in respect of the said shop by receiving the sum o Rs.1,00,000. Learned counsel further argued that applicant/D.H. no only received Rs.1,00,000 but simultaneously he authorised his so Jawaid for issuance of rent receipts at the rate of Rs.300 and the son Jawaid was receiving the rent according to fresh agreement. Learner counsel further argued that although applicant/D.H. is denying the factum, of fresh tenancy agreement' yet this Court is not debarred to exercise the power under Order 21, C.P.C. in respect of investigation of matter or determining bona fide claim of person and, therefore, this Court is competent to investigate the claim advanced by opponent/JD in his application. In support of his intention learned counsel has relied upon 987 CLC page 604.   It is an admitted fact that opponent/J.D. has filed the application under section 12(2) , C.P.C. on the ground that since applicant/D.H entered into fresh tenancy agreement with the opponent/J.D. hence he is liable to be ejected. It is also an admitted position that present application has been made during the pendency of present execution proceedings. Here it may be pointed out that presume for sake of arguments that applicant entered into fresh tenancy agreement and he received Rs. 1,00,000 from the opponent/J.D. during the pendency of proceedings, then point. arises which thing prevented the opponent/J.D. from not seeking permission from this Court or honourable High Court, particularly when section 22 of Sindh Rented Premises Ordinance is very much clear on this point, as in the said section it has been provided that in the execution proceedings relating to the order of ejectment no payment, compromise or agreement shall be valid unless such payment, compromise or agreement is made before or with the permission of the authority passing the order. It may further…