Law: West Pakistan Urban Rent Restriction Ordinance 1959.

Section: 17 , 15 , 115

  West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----Ss. 17 & 15---Civil Procedure Code (V of 1908), S.115---Ejectment order, execution of---Objection---Revision---Rent Controller is empowered under S.17 to execute the ejectment order---While executing the ejectment order Rent Controller will also be competent to entertain and dispose of any objection petition if moved raising objections against execution proceedings---Final order passed in these proceedings whether an objection petition or in the execution proceedings regarding execution of order appeal would be competent under S.15 of the Ordinance as an order passed by the Rent Controller---Revision petition for challenging the validity of the orders passed by Rent Controller and Appellate Authority therefore is not competent. Under section 17 of Rent Restriction Ordinance, 1959, Rent Controller has been empowered to execute the ejectment order. It is by virtue of this jurisdiction having been conferred on the Rent Controller regarding execution of orders passed by it that the Rent Controller while executing the ejectment order would also be competent to entertain and dispose of any objection petition if moved raising objections against execution proceedings. Under section 15 of the said Ordinance against final order passed by Rent Controller under the Ordinance, a right of appeal has been provided. These two provisions previous to their amendments were substantially different. Under section 17 of the said Ordinance, before amendment, orders passed by Rent Controller under various specified sections of the Ordinance were to be executed by a Civil Court as if it was a decree passed by that Court. Under this section the Civil Court while executing order of ejectment was exercising jurisdiction as Civil Court and the proceedings as such regarding appeal or revision were regulated and governed by the C. P. C. Under section 15 before amendment a right of appeal was provided only against orders passed by Rent Controller under sections 4, 10, 12 and 13 of the Ordinance. The effect of amendment made in sections 15 and 17 of the Ordinance is that a final order passed by Rent Controller under…