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Balochistan Urban Rent Restriction Ordinance (III of 1980)--S. 17---Civil Procedure Code (V of 1908), S. 47 & O.XLI, R. 1--­Constitution of Pakistan (1973), Art. 185(3)---Execution of ejectment order--­Objections against execution were disposed of by Rent Controller without framing issue and without recording evidence---Intervenor's appeal under O.XLI, R.1, C.P.C. seeking reversal of order on objection application resulted in staying of execution proceedings---Respondent's appeal, however, was dismissed---Revision filed before High Court met the same fate---Supreme Court directed that High Court should treat revision as pending and convert the same as appeal and dispose the same on merits---Disposal of case by High Court on direction of Supreme Court to the effect that objection application envisaged by S.47, C.P.C. was required to be disposed of by recording of evidence after framing of issues did not suffer from any legal taint---Case was remanded by High Court to Trial Court for disposal afresh in accordance with law---Remand order of High Court had not been shown to be falling beyond appellate powers of High Court in terms of S.17, Balochistan Rent Restriction Ordinance, 1980--­Leave to appeal to Supreme Court against order of High Court was refused in circumstances. Haji Abdul Wali Khan and another v. Muhammad Hanif and another 1991 SCMR 2457 rel. Muhammad Munir Peracha, Advocate Supreme Court with Ejaz Muhammad Khan, Advocate-on-Record for Petitioner. S. Iftikhar Hussain Gilani, Advocate Supreme Court with Mehr Khan Malik, Advocate-on-Record for Respondent. Date of hearing: 15th December, 1997. ORDER CH. MUHAMMAD ARIF, J.---Through this petition under clause (3) of Article 185 of the Constitution of Islamic Republic of Pakistan, 1973, leave to appeal has been prayed for against judgment dated 17-3-1996 of the Balochistan High Court, Quetta. 2. This case has a chequered history and, put briefly, the relevant facts are that petitioner remained unsuccessful in his eviction application before the learned Rent Controller. Quetta on 31-8-1983. This order was set aside by the High Court on 16-5-1983 with the result that his appeal was allowed with the…

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