Law: Civil Procedure Code (V of 1908)

Section: 144

Law: West Pakistan Urban Rent Restriction Ordinance 1959.

Section: 13,15,17

(a) Civil Procedure Code (V of 1908)-------   -------S. 144-Provision based on principle that no party shall suffer for "act of CourtSuch "act of Court" may be of a Court from Court of first instance to highest Court which finally disposes of case-Provision of S. 144 does not confer but merely specifies methods by which right of restoration can be enforced-Decree varied or reversed in appeal-Restitution of property follows automatically - Specific direction by appellate Court for restitution, in such case, not necessary-West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13.   Jai Berham and others v. Kedarnath Marwari and others A I R 1922 P C 269; Rohani Raman Dhwaj Prashad Singh v. Harprasad Singh A I R 1943 P C 189; Safaraddi and another v. Durga- prosadsen and others 16 I C 966 and The National Telephone Company Ltd. v. Post Master General No. 2 (1913) A C 546 ref:   (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-----   -----Ss. 13, 15 & 17-Section 17 provides machinery for executing order passed in appeal under S. 15-Appeal from order of Rent Controller directing eviction of tenant under S. 13(6)-Pending appeal landlord obtaining possession of premises in execution of order-Appellate Court, however, reversing order and remanding case back to Rent Controller-Tenant, in such case, entitled to obtain restitution 6f premises under S. 144, C. P. C.-Civil Procedure Code (V of 1908), S. 144.     Date of hearing: 2nd February 1965.     JUDGMENT   On 24th of April 1962, Mr. Masud Ahmad Ansari, Rent Controller, Gujranwala struck off the defence of the respondent in proceedings for the ejectment from the upper storey of house No. B. XII-5-S-21, situated in Mohallah Krishnagar, Gujranwala under section 13 (6) of the West Pakistan Rent Restriction Ordinance, 1959, (hereinafter referred to as Ordinance) and ordered his eviction from the house forthwith. This order was reversed by the learned District Judge, Gujranwala on appeal by the tenant on 12th of September 1962, who remanded the case to the Rent Controller with certain directions. Meanwhile, on 26th of May 1962, the…