2021 CLC 1153 KARACHI-HIGH-COURT-SINDH

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ABID IQBAL ANSARI VS Mirza NASEERUDDIN S.17---eviction of the tenant---Previous decree on the basis of compromise between the tenant and landlord---Effect---Previously, Civil Court passed a compromise decree, inter alia , enforcing the tenant to vacate the rented premises on the date given in the undertaking---Tenant failed to vacate the rented premises on stipulated time as per his undertaking---Appellant /tenant contended that after the promulgation of Cantonment Rent Restriction Act, 1963 ('the Act 1963'), tenant could be evicted on the basis of decree---Held that S.17(1) of the Act, 1963, stipulated that, after the commencement of the Act, 1963, tenant would be evicted from the demised property in execution of a decree; meaning thereby that the tenant's ejecment would not be a result of execution of a decree---Tenant's ejecment could only be effected in accordance with S.17 of the Act, 1963---Ejectment order, in the present case, had been passed by the Additional Controller of Rents, which was not an Executing Court, so contention raised by the appellant had no substance---No illegality or infirmity was found in the impugned judgment passed by the Additional Controller of Rents, ordering eviction of the appellant/tenant---Appeal was dismissed, in circumstances.