2020 CLC 1764 QUETTA-HIGH-COURT-BALOCHISTAN

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ABDUL AZIZ VS TOWN MUNICIPAL OFFICER HUB Ss.13 & 17---eviction petition---Consent order---Execution petition---Objection petition---Provisions of Civil Procedure Code, 1908 applicability of---Appeal was disposed of with the observation that monthly rent should be increased and deposited in the account of landlord and dispute with regard to previous rent should be resolved by the competent Court of law---Execution petition was filed but same was dismissed on the ground that no relationship of landlord and tenant existed at the time of filing of appeal---Validity---Provisions of Civil Procedure Code, 1908 were not applicable to the proceedings in stricto sensu, however, Rent Controller could follow the equitable principles thereof---Decree should be executed in terms and conditions mention in the code---Executing Court had to confine its deliberations within the purview of the decree and not beyond that and to dispose of the objections in the light of terms and conditions of a decree---Rent Controller had no authority to deviate from a real controversy between the parties---Petitioner had filed execution petition with regard to consent order passed by the High Court---Executing Court was bound to resolve the question of amount of arrears of rent in the case---Matter was remanded to the Executing Court by the High Court with the direction to dispose of the execution petition and objection filed by the parties in the light of terms and conditions of order passed by the High Court---Appeal was allowed, in circumstances.