2022 YLRN 4 ISLAMABAD

Full text

FAISAL MEHMOOD VS DISTRICT JUDGE, ISLAMABAD Ss. 17 & 23---Civil Procedure Code (V of 1908), O. XXI, R. 99---eviction petition--- Execution of orders---Restriction or obstruction by bona fide claimant---Scope---Petitioner assailed the acceptance of objection petition by the Rent Controller---Validity---Objector had acted in good faith and was possessor of the premises much before passing of the order by the Rent Controller, execution whereof was sought---Alleged tenant in his written reply as well as his oral statement recorded in the court had unambiguously described that he was not in possession and his agreement was only a fictitious agreement just for the period of two months while physical possession was with the objector---Petitioner was also party in the suit for specific performance filed by objector---Objection petition was rightly allowed by the Rent Controller while acting under the provisions of S. 23 of Islamabad Rent Restriction Ordinance, 2001 read with O.XXI, R. 99 of the Code of Civil Procedure---Constitutional petition was dismissed.