Law: West Pakistan Urban Rent Restriction Ordinance 1959.

Section: 17

West Pakistan Urban Rent Restriction Ordinance (vi or 1959)--- ---- S. 17 --- Constitution of Pakistan (1973), Art.199 --- Execution of ejectment order---Rent Controller having been vested with powers to execute ejectment order as a decree of Civil Court and also to decide objections to the order and its executability, Appellate Court had wrongly dismissed objection petition on ground of non-maintainability --- High Court in exercise of Constitutional jurisdiction declared order of Appellate Court as illegal and remanded case to be decided afresh in accordance with law. Muhammad Yasin v. Sheikh Ghulam Murtaza and another P L D 1988 SC 163 ref. Muhammad Iqbal Malik for Petitioner. Sh. Hamid Mukhtar for Respondent. Date of hearing: 3rd March, 1991. JUDGMENT This petition under Article 199 of the Constitution of Islamic Republic of Pakistan calls in question the order dated 10-2-1986 of the learned Additional District Judge, Lahore, whereby he set aside the order dated-3-10-1983 passed by the learned Rent Controller, Lahore, dismissing the execution petition filed by the petitioner and accepted the objection petition riled by respondent No.1 and directed the learned Rent Controller to proceed with the execution petition in accordance with law. The back ground of the case is that respondent No.1 riled an Ejectment Petition No.126/2 'of 1978 dated 11-10-1978 against the present petitioner and one Nazir Ahmad son of Muhammad Hussain for eviction from property No.Ist Floor of S-36-R-15, Railway Road, Gowalmandi, Lahore on the ground that he was transferred the property in dispute on the basis of Provisional Transfer Order No.31776 dated 24-11-1959 and Transfer Order No.49955 dated 21-6-1976; Nazir Ahmad after service   of notice dated 18-12-1977 under section 30 of the Displaced Persons (Compensation and Rehabilitation) Act, 1958, made default in the payment of rent since December, 1974 and sublet the property to lmdad Ali petitioner herein. On 13-1-1979, Mr. A.R. Arshad, learned counsel for respondent No.1 herein, made a statement that he wanted to delete the name of petitioner herein, in that, he was a sub-tenant. Consequently, his name was struck off by…