Case Details

Citation(s)
1991 SLD 1548 = 1919 CLC 880
Lahore High Court
Writ Petition No.2904 of 1989, heard on 18th March, 1991.
Presented By: Before Irshad Hasan Khan, J
Ch. Muzamal Khan for Petitioner. Malik Amjad Pervaiz for
Respondent.

MUHAMMAD IBRAHIM --- Petitioner

VERSUS

ILAM DIN --- Respondent

Law: West Pakistan Urban Rent Restriction Ordinance 1959.

Section: 17

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- S. 17 --- Qanun-e-Shahadat (10 of 1984), Art.129 --- Execution of ejectment order ---Objection to --- Objector himself made a statement before Rent Controller that execution of ejectment order be made in accordance with site plan attached to ejectment application and that he would take away his Malba from the disputed place --- Presumption of regularity in executing ejectment order in accordance with plan, being attached to Court proceedings, contention of objector that statement allegedly made by him was based on misrepresentation was repelled in circumstances. Ch. Muzamal Khan for Petitioner. Malik Amjad Pervaiz for Respondent. Date of hearing: 18th March, 1991. JUDGMENT This petition under Article 199 of the Constitution of Islamic Republic of Pakistan calls in question the order dated 25-2-1989 passed by the learned Additional District Judge, Sialkot whereby he dismissed the appeal riled by the petitioner against the order dated 11-7-1988 passed by the learned Civil Judge, Sialkot whereby he ordered that execution of the order dated 13-5-1985, passed by the learned Rent Controller, Sialkot in respect of Property No.3/413 situated at Khadam Ali Road, Sialkot be made in accordance with the site plan attached with the ejectment application. Learned counsel for the petitioner argued that respondent No.1 in pursuance of the execution proceedings has already taken over possession of the land bearing No.3/413 and now under the garb of execution proceedings of ill, order of ejectment dated 13-5-1985 passed by the Rent Controller wants to encroach upon the petitioner's Ihata bearing No.3/412 and the petitioner apprehends its demolition.   1 have heard learned counsel for parties and perused the material available on record. A bare perusal of the order sheet dated 8-10-1987 would show that the petitioner made a statement before the learned Rent Controller that execution of the ejectment order be made in accordance with the site plan attached to the…
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