2021 CLC 1093 PESHAWAR-HIGH-COURT

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Mian MUHAMMAD FAREED VS KHALID WADOOD Ss.13(6) & 17---Civil Procedure Code (V of 1908), S.47---Execution proceedings---Rent due, recovery of---Final rent due, non-determination of---After striking of defence of respondent-tenant, possession of demised premises was handed over to petitioner-landlord but no final determination of "rent due" was made by Rent Controller---Landlord filed execution petition for recovery of tentative rent assessed by Rent Controller during proceedings---Rent Controller as well as Lower Appellate Court declined to execute tentative rent order---Validity---Rent Controller after passing order for eviction of tenant, was to finally determine factum of "rent due" and was to direct for its payment, whereafter the same was recoverable through execution petition filed before Executing Court (Civil Court) and was to be executed as it was a decree passed by it---Landlord could not be allowed to suffer due to illegality committed by Rent Controller by not finally determining factum "of rent, due", after striking of defence of tenant---High Court set aside orders passed by two Courts below and matter was remanded to Rent Controller to pass appropriate order regarding rent due in terms of S.13(6) of Khyber Pakhtunkhwa Urban Rent Restriction Ordinance, 1959, whereafter the same would be executed in conformity with provisions of S.17 of Khyber Pakhtunkhwa Urban Rent Restriction Ordinance, 1959---Revision was allowed accordingly.