Law: Civil Procedure Code (V of 1908)

Section: O. VII, r. I 1, O. XXI, rr. 97, 100,.103

Civil Procedure Code (V of 1980) O. VII, r. I 1 read with O. XXI, rr. 97, 100 & .103-Execution of decree-Obstruction of-Possession, restoration of-Questions arising as to title, right, or interest in or possession of immovable property between an applicant under r. 97 and opposite-party, or between an applicant under r. 100 and opposite-party-To be adjudicated upon and determined by executing Court-No separate suit maintainable for determination of any such matter-Rent Controller passing order of ejectment from premises in dispute in favour of petitioner against brother of respondent, respondent's suit for restoration of possession of such premises, held, not competent-Respondent should be bona fide consider himself to be in possession of suit property in his own independent right, held further, could obstruct execution of decree and even if ejected in execution of decree he ould file a petition for restoration of possession under r. 100.-[Decree]. LINK1 LINK2 Ali Hussain v. Rafiquddin and 9 others P L D 1977 Lab. 418 ; Din Muhammad etc. v. Mehr Ali Khan etc. P L D 1978 Kar. 267 ; Miss Suriya Bano v. Government of West Pakistan P L .D 1973 Lab. 572 ; Seven Stars Goods Transport Co. v. The Administrator, K. M. C., Karachi P L D 1976 Kar. 21 and M. Moosa v. Mahomed and others P L D 1954 Sind 70 ref. Date of hearing : 3rd May 1980.                                                                                                                    JUDGMENT The undisputed facts in this case are that in respect 'of the portion of ground floor of the house in dispute, an application for ejectment was filed against Mir Allah-ud-Din, brother of the respondent, which was allowed by the learned trial Court on 12-11-1975. Appeal of Mir Alla-ud-Din was dismissed on 5-6-1978 by the learned Additional District Judge and S. A. O. bearing No. 372 of 1978 was thereafter dismissed on…