Law:

Section:

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-------S. 17---Ejectment order ---Execution---Ejectment order passed against tenant having attained finality, landlord filed execution petition---During execution proceedings, tenant filed objection petition claiming repayment of security amount lying with landlord---Recovery of amount deposited with landlord as security, could be claimed by tenant by having recourse to appropriate remedy available under law---Claim of security could not be set up by tenant to frustrate execution proceedings which were to flow in its natural course. Oudth Commercial Bank Ltd..Fayazabad v. Thakurain Bind Basni'Kuer and others AIR 1939 PC 80 and Chaube Mahendra Rao and others v. Lala Bishambhar Nath and others AIR 1940 All. 270 ref. (b) Civil Procedure Code (V of 1908)--- ----S. 115---Revisional jurisdiction---Scope---Provisions of S.115, C.P.C. would apply to cases involving illegal assumption, non-exercise or irregular exercise of jurisdiction ---Revisional jurisdiction could not be invoked against conclusion of law or fact which would not, in any way, affect jurisdiction of Court, no matter how, erroneous, wrong or perverse decision might be either on a question of fact or law unless decision involved a matter of jurisdiction---Erroneous conclusion of law or fact was liable to be corrected in appeal, but revision would not be competent on such ground, unless in arriving at such conclusion, an error of law, had been committed. ORDER Heard 2. An ejectment petition against the petitioner/tenant culminated into an order of his eviction from the premises, involved therein. Fortune did not smile upon him even in appeal, which, too met the fate of dismissal. As a sequel thereto, the respondent has resorted to an execution petition, during proceedings whereof, the petitioner filed an objection petition claiming repayment of Rs.48,000 statedly lying with the respondent as "security". Application for temporary injunction moved therein was rejected vide an order, dated 19-2-1998. Matter was agitated in appeal. Appeal as also an application under section 151, C.P.C. were turned down on 28-5-1998 by learned District Judge,…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492