1985 SCMR 344 SUPREME-COURT

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S. M. MOHSAN ZAIDI VS GAUHAR ALI Civil Procedure Code --Order XXI of C.P.C. Execution of Decrees and Orders--97 , Civil Procedure Code --Order XXI of C.P.C. Execution of Decrees and Orders--98 , Civil Procedure Code --Order XXI of C.P.C. Execution of Decrees and Orders--99 , West Pakistan Urban Rent Restriction Ordinance 1959--13-A , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---Ss.13 & 13-A--Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S.30--Civil Procedure Code (V of 1908), O.XXI, rr.97, 98 & 99--Objection to execution order of eviction by a person who was neither in possession of property on the date of transfer of said property under Settlement Laws or on day of passing eviction order by Court--Objection filed for resisting execution of eviction order, property falling under O.XXI, rr.97, 98 & 99, C.P.C and was to be determined either in terms of r.98 or 99 of O.XXI, C.P.C.--Objection could succeed in averting dispossession in execution of eviction order only when he satisfied Court that he was in possession in good faith on his own account or on account of some person other than a judgment debtor as required by O.XXI, r.99, C.P.C.--Admission of decree-holder relied upon was per se, therefore, of no benefit to objector, inasmuch as same was to the effect that he had been put in possession of property by judgment-debtors.