Law: West Pakistan Urban Rent Restriction Ordinance (VI of 1959)

Section: 13

Law: West Pakistan Urban Rent Restriction Ordinance (VI of 1959)

Section: 13

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-------Ss. 13 & 17---Civil Procedure Code (V of 1908), S.115---Execution of ejectment order---Objection to-Ejectment order passed by Rent Controller having been upheld up to Supreme Court, petitioner filed execution petition in executing court---Respondent, during pendency of execution proceedings, filed objection petition, which was dismissed by executing court, but Appellate Court, on appeal set aside the order of executing court---Respondent, against whom ejectment order was finally passed, was liable to hand over vacant possession to petitioner as per his statement given before Supreme Court, but instead of doing the needful, respondent handed over possession of suit premises to the objector; which act of respondent was not only illegal, but was also contemptuous as it was against statement given by him before Supreme Court---Objection petition on the face of it was based on mala fide and was collusive which was rightly dismissed by executing court, but Appellate Court had failed to appreciate the position---Revision petition was allowed and impugned order/ passed by Appellate Court, was set aside---Order passed by executing court was restored. 1995 SCMR 726; 2003 SCMR 1416; 1986 SCMR 1638; 1986 MLD 2997; 1999 CLC 374; 1991 MLD 1216; 2001 MLD 1621; 2003 CLC 10; 1990 MLD 2217 and 2003 SCMR 181 rel. Gul Sadbar for Petitioner. M. Ijaz Khan and Zia-ur-Rehman for Respondent. Date of hearing: 1st December, 2006. JUDGMENT TALAAT QAYYUM QURESHI, J.--- This revision petition is directed against the judgment/order, dated 5-1-2004, passed in Appeal No.24/13 by the learned Additional District Judge-III, Charsadda. 2. Mr. Gul Sadbar Khan, Advocate, learned counsel representing the petitioner argued that the petitioner had filed eviction petition under Urban Rent Restriction Ordinance, 1959 against respondent No.1. Eviction order was passed on 10-4-2000, which was upheld by the august Supreme Court of Pakistan. 3. It was also argued that respondent No.2 on 22-3-2001 filed objection petition claiming therein that he had purchased land measuring 4 Kanals, 6 Marlas from respondents Nos.3 and 4 but the possession…

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