1983 PLD 234 LAHORE-HIGH-COURT-LAHORE

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SHEHZAD AHMAD VS MUHAMMAD HAYAT Civil Procedure Code --Order XXI of C.P.C. Execution of Decrees and Orders--1 , O. XXI, rr. 97, 100 & 101-Rules 100 & 101 to be read together-Protection of possession of persons not parties to suit Rationale behind rr. 1C0 & 101 is to protect possession of persons not parties to suit but in possession in their own account or on account of some persons other than judgment-debtors-Where petitioner bona fide considers himself to be in possession of suit property in his own independent right, he can obstruct execution decree by virtue of r. 97 and notwithstanding his eviction in execution of decree of Rent Controller, he can competently file a petition for restoration of possession under r. 100.