Law: Civil Procedure Code (V of 1908)

Section: 47, 96, 100, O. XXI, rr. 99, 103

Law: West Pakistan Urban Rent Restriction Ordinance 1959.

Section: 13

Civil Procedure Code (V of 1908) Ss. 47, 96 & 100 and O. XXI, rr. 99 & 103 Ejectment- Order of ejectment against tenant put into execution - Execution resisted by person claiming to be in possession in his own right- Executing Court dismissing execution application holding that objector/ obstructer was in possession in his own right and since he was not made a party in ejectment case execution could not proceed-On appeal against order of execution Court, appellate Court holding that question whether objector/obstructer was or was not representative of judgment-debtor was final and ought to be decided by a separate suit and that order passed by executing Court. not being one under S.47, no appeal was competent-Held, order passed by executing Court was one under S. 47 and was open to appeal and second appeal-West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13. Bhuyan Shyam Sunder Molapatre and another v. Ch. Nilakantha Das and others A I R 1956 Orissa 165; Parmeshari Din v. Ram Charan and others A I R 1937 P C 260; Pt. Ram Charan v. Parmeshwar Din A I R 1933 All. 201 ; Abrupammal v. Thoyammal 117 I C 122 ; Khetramohon Manimohan and others v. Parbaty Nath Dutta and others A I R 1955 Cal. 295; Khem Singh and others v. Reghubir Singh and others I L R 47 All. 365; Ram Autar Sahu and others v. B. Bate Krishna and another 163 I C 926; Janendra Nath Sanyal v. Girish Chandra Lahiry and others 164 I C 375; Jaldu Balasubramaniam Chetty v. D. Kothandaramaswami Nayasim Veru and others A I R 1942 Mad. 688; Noor Zaman Khan v. Mt. Maimunnissa Bibi and others A I R 1958 Pat. 228; Soopiyadath Kunhammad Varanavan of his Tarwad and another v. Soopiyadath Ahmad and others 16 M L J 27; Ganga Das Seal v. Yakub Ali Dobashi and another I L R 27 Cal. 6 70 ; Nand Lal on Law of Civil Appeal in British India, 2nd Fda., 1934, pp. 8J-87 ; Barkat Ram v. Sardar Bhagwan Singh A I R 1.943 Lah. 140 ; Deoki Nandan Singh v. Bansi Singh 10 I C .171; Behary Lal Pundit v. Kedar Nath Mullick and others I L R 18 Cal. 469; Mt. Sim_I2r and another v. Sita Ram A I R 1941 La!h. 342; Gopal Das and another v. Ishar !)as and others A I R 1932 Lah. 376; Pralhad v. Mahadeo 21 I C 266;…