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2008 CLC 650 LAHORE-HIGH-COURT-LAHORE

Punjab · 2008

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Mst. HUMERA SAJID VS MUQARRAB KHAN PUNI 1996 SCMR 669, 1999 MLD 3360, 2003 SCMR 83, 2003 YLR 998, PLD 1988 SC 163, Civil Procedure Code --Order XXI of C.P.C. Execution of Decrees and Orders--10 , Civil Procedure Code --Order XXI of C.P.C. Execution of Decrees and Orders--16 , Ejectment of Tenant--TERM , Locus Standi--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--2 , Ss. 2(c) & 13---Civil Procedure Code (V of 1908), O.XXI, Rr.10 & 16---Ejectment of tenant---Execution of eviction order---New owner of premises---Locus standi---After passing of eviction order, owner of the premises sold it to another person---Execution petition, instead of being filed by new owner, was filed by the pervious owner---Tenant filed objection against execution petition on the ground that the pervious owner had no locus standi to file the same but both the courts below concurrently dismissed the objection---Validity---Definition of landlord encompassed "every person from time to time deriving title under "landlord" included a person who had purchased the property---Definition was in fact not to put embargo upon landlord's unfettered right to sell property during any legal proceedings and it was not repulsive to the rule of natural justice and equity---New owner had a locus standi and cause to continue with execution proceedings in the name of previous owner---High Court declined to interfere with the orders passed by both the courts below as those were unexceptionable---Revision was dismissed in circumstances.