2022 PLD 559 LAHORE-HIGH-COURT-LAHORE

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ALI IKRAM VS Mian MUHAMMAD IKRAM Ss. 4, 6 & 7---Parents' right to evict children---Trial---Appeal---Scope---Under subsection (2) of S. 4, if a child had failed to vacate the house a written complaint can always be filed before the Deputy Commissioner by such parent and upon receipt of such complaint, the Deputy Commissioner after his satisfaction and hearing the parties to the effect that ownership vests with parent shall pass an order of eviction of the house by a child, irrespective of the defence put up by the child including defence that he had constructed the house or purchased through funds of the child---Said order passed under subsection (5) as well as under subsection (2) of S.4 is appealable under S. 7---Order passed under subsection (5) does not need any recording of evidence as envisaged under Chap. XX of the Code of Criminal Procedure, 1898 but an order under subsection (2) which is a penal provision, the said procedure relatable to trial under Chap. XX of Code of Criminal Procedure, 1898 will be attracted---Under S. 6 the trial is to be conducted of a person who has been arrested or appeared or is brought before the Magistrate.