2015 MLD 267 QUETTA-HIGH-COURT-BALOCHISTAN

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SINGER PAKISTAN LTD. VS NASIR ALI MEER 2013 CLC 1558, Civil Procedure Code --Order XXI of C.P.C. Execution of Decrees and Orders--99 , Code of Civil Procedure 1908--151 , Code of Civil Procedure 1908--47 , Code of Civil Procedure 1908--94 , Ejectment of tenant--Term , West Pakistan Urban Rent Restriction Ordinance 1959--13 , O.XXI, R. 99 & Ss. 47, 94, 151, 2(2)---West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13---Ejectment of tenant---Compromise/settlement---Consent order---"Decree"---Scope---Non-drawing of decree-sheet---Effect---Landlords filed execution petition seeking ejectment of tenant from the demised premises which was dismissed---Contention of tenants was that eviction petition was disposed of in terms of compromise between the parties, that no decree-sheet was drawn and in absence of the same execution application was not maintainable---Validity---Rent Controller disposed of ejectment petition on the basis of settlement/consensus but due to omission/inadvertence did not draw the decree-sheet---Consent order did not fall within the definition of a "decree"---Only decree was executable but not a judgment---Execution petition filed by the landlords for execution of consent order was not maintainable as no decree-sheet was drawn in pursuance of the same---Objection raised by the tenants to the extent of non-maintainability of execution application was sustainable---Executing Court had wrongly rejected/overruled the objection raised by the tenants about maintainability of the execution petition which order was set aside---Rent Controller was directed to draw decree-sheet in pursuance of consent order---Landlords might file execution application afresh and tenants would be at liberty to raise/ file the available objections to the execution petition and if any objection was raised/filed then same should be decided by the Executing Court in accordance with law---Appeal was accepted in circumstances.