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AHMAD ABBAS vs ADDITIONAL DISTRICT JUDGE S — 2022 CLC 1296 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 CLC 1296 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Reporter
CLC
Parties
AHMAD ABBAS vs ADDITIONAL DISTRICT JUDGE S
Subject matter
Civil
Provisions referred to
S. 47

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

AHMAD ABBAS VS ADDITIONAL DISTRICT JUDGE S.47, O.XIII, R.10---Questions to be determined by the Court executing decree---Rented premises---Ejectment petition---Partition of Joint Khata---Demarcation of property---Scope---Petitioner assailed the dismissal of his application under S.47 read with O.XIII, R.10, C.P.C.---Contention of petitioner was that suit property was situated in joint khewat and no specific boundary or number of property was mentioned in the ejectment petition, therefore, the same could not be indentified without demarcation and that the Executing Court had gone beyond the decree by passing the order regarding removal of structure and machinery installed on the property in question---Validity---Petitioner had to return possession of the property which was given to him on rent and it was not relevant whether property was part of joint khata or not---No controversy was left which had to be resolved by the Executing Court---Courts below had rightly dismissed the application---Writ petition was dismissed.

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