ABDUL HAMID vs ABDUL WAHEED AND OTHERS
This civil revision petition arises out of concurrent orders dismissing objections filed under Order XXI, rules 97, 99, and 103 of the Code of Civil Procedure 1908 in execution proceedings relating to an ejectment order. The core legal question was whether objections under the Code of Civil Procedure are maintainable before a Rent Controller executing an ejectment order. The Lahore High Court held that following the amendment of Section 17 of the Rent Restriction Act by Ordinance IX of 1979, ejectment orders are executed by the Rent Controller as a special tribunal rather than a civil court. Consequently, the court ruled that objections filed under Order XXI, rules 97, 99, and 103 of the Code of Civil Procedure 1908 were incompetent before the Rent Controller. The petition was accordingly dismissed in limine.
- Are objections under Order XXI, rules 97, 99, and 103 of the Code of Civil Procedure 1908 maintainable before a Rent Controller?
- Does a Rent Controller executing an ejectment order function as a civil court or a special tribunal?
- Whether a revision petition under Section 115 of the Code of Civil Procedure 1908 is competent against the dismissal of execution objections by appellate authorities under the Rent laws?
- Section 17, Rent Restriction Act
- Ordinance IX of 1979
- Order XXI Rule 97, Code of Civil Procedure 1908
- Order XXI Rule 99, Code of Civil Procedure 1908
- Order XXI Rule 103, Code of Civil Procedure 1908
- Section 115, Code of Civil Procedure 1908
ORDER
' On respondents' motion, the learned Rent Controller on 19th April, 1979 passed an ejectment order against Abdul Hamid. The appeal filed by the latter challenging his ejectment was dismissed on 13th March, 1980 and his writ petition also failed. The available record shows that the petitioners are the brothers of said Abdul Hamid and after his failure they filed a suit on the ground that they are in possession of the property in dispute in their own right and having not been impleaded as a party before the Rent Controller, cannot be evicted under the ejectment order passed against Abdul Hamid. The suit was dismissed on 11th May, 1980 and so also their appeal on 7th March, 1982.
Thereafter, they filed objection under Order XXI, rules 97, 99 and 103, C. P. C. Which were turned down on 14th December, 1982. The order was affirmed by the learned Additional District Judge, by his order, dated 23rd January, 1983 and the petitioner's appeal disallowed. They have now come to this Court under section 115, C. P. C.
2. I have heard the learned counsel. Section 17 of the Rent Restriction Act, was amended by Ordinance IX of 1979 w. e. f. 12th September, 1979. As a result of this amendment, the ejectment orders A are now executed by the Rent Controller. The forum entrusted with the execution of the ejectment order being not a civil Court but a special Tribunal, the objections filed by the petitioners under Order XXI, rules, 97, 99 and 103, C. P. C. Were incompetent.
' This revision petition is accordingly dismissed in limine.
Cited by 6 cases
- Sheikh ABDUL SATTAR LASI and another vs JUDGE BANKING COURT and 3 2007 CLD 69
- Haji MUHAMMAD RAMZAN and anothers vs ABDUR RASHID and anothers 1997 PLD Lahore 451
- Mst. Hajan BEGUM BIBI vs MUHAMMAD SHAFIO And Other 1989 MLD 4324
- Haji AFSAR KHAN and anothers vs INAYATULLAH KHAN and 2 others 1989 PLD Peshawar 93
- GHULAM MURTAZA vs MUHAMMAD YASIN And ANOTHER 1986 CLC 1577
- Mst. GULZAR BEGUM vs RIAZ MALIK and 3 others 1985 CLC 93