1981 SCMR 971 SUPREME-COURT

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MUNAWAR HUSSAIN VS REHMAT ALI Civil Procedure Code --Order XXI of C.P.C. Execution of Decrees and Orders--100 , Constitution of Pakistan 1973--185 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , -S. 13 read with Civil Procedure Code (V of 1908), O. XXI, r. 100 and Constitution of Pakistan (1973), Art. 185(3)-eviction of tenant-Dispossession, complaint against-Respondent-landlord's eviction application against N granted and such order maintained in first and second appeals-Petitioners moving application before Rent Controller stating to have been in possession of premises in dispute hence not liable to be dispossessed in execution of decree against N-Application dismissed on ground of being not maintainable at instance of a person not a judgment-debtor yet to be dispossessed-Petitioners being nephew and son of tenant N and nothing stated in application as to how petitioners claimed to be in possession of shop in dispute in their own right-Petitioner's counsel conceding as to petitioners not being in possession of any rent receipt in their own names-Petitioners, held, dishonestly avoiding eviction order made against N, hence, not entitled to invoke discretionary jurisdiction under Art. 185 of Constitut