2025 CLC 1705 LAHORE-HIGH-COURT-LAHORE

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FAYYAZ AHMED VS SPECIAL JUDGE (RENT) O.XXI, Rr.100, 101 & 103---Cantonments Rent Restriction Act (IX of 1963), S. 17---Ejectment proceedings---Execution of eviction order---Adjudication of questions as to title, right, interest or possession by the Executing Court---Powers and jurisdiction of Executing Court---Scope---Rule 103 of O. XXI of C.P.C. was substituted through Law Reforms Ordinance, 1972---Under the substituted provision, any party not being judgment-debtor against whom order is made for restoration of possession in terms of O. XXI, R. 101 was permitted to institute a suit to establish rights to claim possession of the property---This position stood changed after the above substitution---Now all the questions arising as to title, right, interest in or possession of immovable property are required to be adjudicated by the Executing Court---The orders passed, in this regard, become conclusive and no separate suit is permitted---The legislature has used the words "adjudicate upon" and "determined by the Court" besides restricting separate suit---Any person other than judgment-debtor dispossessed from immovable property by decree holder, can make an application under O. XXI R. 100 of C.P.C., which then requires investigation in terms of O. XXI R. 100(2) of C.P.C.---Order XXI R. 100 of C.P.C. is to be read with Rules 101 and 103 of Order XXI of C.P.C.---Order XXI R. 101 of C.P.C. provides that the Court can make the order when satisfied that the applicant was in possession on his own account or on account of some person other than judgment-debtor---The scheme of law is such that it confers full jurisdiction upon the Executing Court to decide the issues involved therein.