1985 SCMR 38 SUPREME-COURT

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GHULAM MUJTABA VS NAEEMA KBANUM Civil Procedure Code --Order XXI of C.P.C. Execution of Decrees and Orders--100 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ----S.13(6)--Civil Procedure Code (V of 1908), 0. XXI, r.100—Execution of eviction order--Objection petition--Landlady seeking eviction of tenant inter alia, on ground of subletting of premises to petitioner--Petitioner, a practising lawyer represented tenant in ejectment proceedings—Tenant in his written statement filed through his counsel (petitioner) did not deny that petitioner was in possession of premises but averred that petitioner was joint tenant with him--Petitioner in spite of these facts did not move Court for being impleaded as party but remained contended with contesting proceedings as a counsel on behalf of tenant until after about ten years he came up with his own claim to possession--Held: Objection petition filed by petitioner was mala fide as all along he being aware of proceedings did not put in his personal claim in ejectment proceedings--Petitioner should have set up his claim before Rent Controller and obtained adjudication of matter at preliminary stage- Petitioner having refrained fro