2006 YLR 1366 LAHORE-HIGH-COURT-LAHORE

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ABDUL GHAFFAR VS MUHAMMAD RAFIQ West Pakistan Urban Rent Restriction Ordinance 1959--13 , --S.13---Ejectment of tenant---Execution proceedings---Restoration of possession---Respondent was dispossessed from the premises---In execution of eviction order---Respondent filed application for restoration of possession on the ground that no eviction order was passed against him---Application was allowed by Rent Controller and possession was restored---Appeal against the order of restoration of possession was dismissed by Appellate Court---Validity---Though no date was fixed for deposit of arrears of rent, still the respondent was found guilty of non-compliance of the order for deposit of arrears of rent---Future rent was ordered to be deposited before 15th of following month but the ejectment order was passed before the default could have taken place even in the matter of future rent---Rent Controller acted in a reckless manner without any application of mind whatsoever to the file of the case resulting in dispossession of the respondent against whom no ejectment order was passed---Respondent did not commit any default of any order passed against him for deposit of rent---Proceedings and report of bailiff on the warrant of possession narrated that other respondent removed the entire goods and a son of the other respondent and a security guard at the spot, who were shown the warrant whereupon the other respondent removed the machinery and delivered possession to the petitioner---Not only the possession was illegally taken away and delivered to the petitioner but his nephew also removed all the machinery at the spot---Orders passed by the Courts below with regard to restoration of possession were not only legal but just---Revision was dismissed in limine.