1989 PLD 181 PESHAWAR-HIGH-COURT
KPK · 1989
Full text
MST. ZAHIDA BEGUM VS ABDUL AZIZ West Pakistan Urban Rent Restriction Ordinance 1959--17 , West Pakistan Urban Rent Restriction Ordinance 1959 ---S.17 [as amended by North-West Frontier Province Urban Rent Restriction (Amendment) Ordinance (IX of 1979) --Execution of Rent Controller's Orders--Forum--Rent Controllers-North-West Frontier Province, have not been invested with the power to execute their own orders as if they were decrees of Civil Courts--Powers of execution of such orders are exercisable by Civil Courts--Aggrieved persons could file objection before Civil Courts as Executing Courts--Executing Courts, however, cannot go behind the decrees or behind the orders of Rent Controllers--Since the Rent Controllers have limited jurisdiction and their orders are based on the existence of relationship of landlord and tenant, irrespective of the ownership of the property, Executing Courts too, cannot go into the question of ownership while executing the orders of eviction passed by the Rent Controller--Where eviction order was passed on clear admission of tenancy by the tenant, objector has no right to question the legality of such eviction order.
