Law:

Section:

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-------S. 17---Execution of order---Not open to Executing Court to go beyond decree and re-determine liabilities of the parties---Material on record had established that tenant/ -debtor had enjoyed possession of suit shop for almost 20 months after passing decree against him without paying any rent to landlord/decree-holder---Judgment-debtor thus, could not be allowed to take benefit of his own failed attempts through which he blocked execution of impugned orders ---Judgment­ debtor could not be rewarded for such act and he was bound to discharge his liability and pay outstanding amount---Decree-holder could not be deprived of the fruits of decree passed in his favour---Mere technicalities of procedural law, unless offering insurmountable hurdles, were not to be allowed to defeat the ends of justice. (b) Civil Procedure Code (V of 1908)--- ----S. 115---Revisional jurisdiction---Exercise of---Where petitioner was unable to point out any illegality or material irregularity in impugned orders requiring interference of High Court in its revisional jurisdiction, revision which had been found bereft of substance, was liable to be dismissed. 2002 SCMR 222; 2004 SCJ 547, 2002 MLD 861; Nasim Akhtar and 4 others v. Shalimar General Insurance Company Ltd. and 2 others 1994 SCMR 22; Muhammad Daud v. Mst. Surriya Iqbal and 3 others 2001 CLC 1819 and Mir Nawaz Khan and others v. Gul Ayub Khan and another 2003 CLC 1428 ref. Malik Muhammad Bashir for Petitioner. Sajid Nawaz Khan Saddozai for Respondent. Date of hearing: 7th September, 2004. JUDGMENT Facts relevant for the disposal of this civil revision under section 115, C.P.C. are that Haji Muhammad Iqbal, respondent herein, moved petition under section 13 of the West Pakistan Urban Rent Restriction Ordinance, 1959 in the Court of Senior Civil Judge/Rent Controller, D.I. Khan seeking ejectment of Rabnawaz, petitioner herein, from the suit shop situated at Circular Road, D.I. Khan, recovery of outstanding rent for the last 25 months at the rate of Rs.12,000 per month and recovery of rent for onwards period at the same rate till the final eviction of the petitioner…

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