1984 CLC 2196 LAHORE-HIGH-COURT-LAHORE

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FAZAL AHMED VS RAMZAN BIBI Civil Procedure Code --Order XXI of C.P.C. Execution of Decrees and Orders--100 , Civil Procedure Code --Order XXI of C.P.C. Execution of Decrees and Orders--99 , West Pakistan Urban Rent Restriction Ordinance 1959--10 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , West Pakistan Urban Rent Restriction Ordinance 1959--17 , --Ss. 17, 10, 13 & 15 read with Civil Procedure Code (V of 1908), O. XXI, rr. 99 & 100-eviction order a decree of civil Court-Execution-Filing of objection petition-Orders passed under S. 10 or 13 and in appeal under S. 15 are to be executed by civil Court as if a decree of that Court-Party affected has right to approach Court under relevant provisions of O. XXI, C.P.C. by filing objection petition and Rent Controller on execution of eviction order as a decree becomes functus officio-Matters pertaining to execution or otherwise of same to be decided by civil Court and not by Rent Controller-Petition filed under O.XXI, rr. 90 & 100, C.P.C. to show that in fact objector was in occupation of premises of her own right and being not party to ejectment proceedings, could not be ejected, held, competent.