2009 YLR 780 LAHORE-HIGH-COURT-LAHORE

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Ch. MAHMOOD UL HASSAN VS DISTRICT JUDGE, CHAKWAL S.15---Civil Procedure Code (V of 1908), S.144---Constitution of Pakistan (1973), Art.199---Constitutional petition---Restitution of possession---Provisions of S. 144, C. P. C. ---Applicability ---Appellate Court, in appeal filed by tenant, suspended operation of eviction order passed by Rent Controller but landlord forcibly took over the possession of shop in question---Appellate Court passed order under S.144, C.P.C. for restoration of possession to tenant---Validity---Where decree was varied or reversed by court of first instance, on the application of a party entitled to any benefit by way of restitution or otherwise, provisions of S.144, C.P.C. were applicable---De;:tee passed by Rent Controller had not been reveresed and order was not passed by court of first instance---Provision of S.144, C.P.C. was not exhaustive and its principles could be extended to cases which did not strictly come within the wordings of S.144 C.P.C.--Landlord was asking for ejectment of tenant through Court of law and he was expected to wait for dismissal of appeal---Court had ample power to restore possession of property and it could direct restoration of status quo ante and refuse to recognize the act violative of law---Landlord having taken law into his own hands by taking possession forcibily of the shop from tenant, Lower Appellate Court had rightly exercised jurisdiction directing landlord to restore possession of shop to tenant and no illegality had been committed by the court---High Court declined to interfere with order of restoration of possession, passed by Lower Appellate Court---Petition was dismissed in circumstances.