Law:

Section:

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-----S. 13--Civil Procedure Code (V of 1908). O. XXI, R. 103-Ejectment order--Execution--Order of ejectment, held, could be executed against a person having come into possession of subject property through tenant. (b) Civil Procedure Code (V of 1908)-----O. XXI, R. 103--West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S.13--Ejectment--Suit for possession--Respondent landlord obtaining order of eviction from competent forum--Respondent, held, not required to seek relief of possession afresh in suit filed by him on plea that petitioner was in possession of same house through original tenant. (c) Constitution of Pakistan (1973)-----Art. 185(3)--West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S.13--Petitioner in occupation of property through original tenant--Taking inconsistent pleas of holding title of property as well as being a tenant thereof--Petitioner, held, could not be allowed to take two different pleas in same breath--Petition being without merit dismissed. ORDER ZAFFAR HUSSAIN MIRZA, J.--This is a petition for leave to appeal from the judgment, dated 15th December, 1985, by a learned Single Judge of the Sind High Court, whereby the second appeal filed by the respondent was allowed, setting aside the judgment and decree passed by the first appellate Court in favour of the petitioner thereby restoring the decree passed by the trial Court. 2. Briefly the facts leading to this petition are that the respondent filed an application for eviction under section 13 of the Sind Rent Restriction Ordinance, 1959, against one Sher Zaman in respect of a house situated on plot of land bearing No. 969, Azam Basti, K.M.C. Colony, Karachi. The respondents application was allowed and an order of eviction was passed against the said Sher Zaman in the year. 1970. 3. The respondent then moved an application for execution of the order of eviction and while the said execution application was pending, the petitioner intervened in the proceedings with an application under Order XXI, Rule 29, C.P.C., alleging that the order of eviction was being wrongly executed in respect of his House No.…

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