2011 MLD 736 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD SHARIF VS Malik ABDUL RAZZAQ 2002 CLC 1900, Civil Procedure Code --Order XXI of C.P.C. Execution of Decrees and Orders--97 , Civil Procedure Code --Order XXI of C.P.C. Execution of Decrees and Orders--98 , Constitutional petition--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , Ss. 13---Civil Procedure Code (V of 1908), O.XXI, Rr.97 & 98---Constitution of Pakistan, Art.199---Constitutional petition---Ejectment of tenants was allowed by Rent Controller---Petitioners, during pendency of execution proceedings against tenants filed objection petition before executing court claiming themselves to be in possession of the disputed property since 1963 in their own right and asserted that ejectment order passed against the judgment-debtor could not be executed against them---Executing Court allowed objection petition filed by the petitioners while dismissed the one filed by one of the petitioners---Decree-holder filed appeal which was allowed by appellate court and the case was remanded to the executing court with direction to proceed with the matter in accordance with law while the appeal filed by one of the petitioners was dismissed---Plea raised by petitioners was that they were not impleaded as party in the eviction petition before the Rent Controller, despite the fact that petitioners were in possession of the disputed property which was fully established on the record---Validity---Petitioners were never impleaded as party in the ejectment petition despite the fact that decree-holder had the knowledge that petitioners were in possession of the disputed property since decades---Decree-holder not only admitted possession of the petitioners but also conceded that they were not impleaded as party in the eviction petition---Petitioners were neither tenants of the decree-holder under a contract/agreement nor they were a statutory tenants---Impugned order of Rent Controller could not be executed against the petitioners---High Court allowed constitutional petition along with other revision petitions against the impugned judgment passed by appellate court.