1988 SCMR 1646

ZAHOOR AHMAD Versus MUMTAZ JEHAN

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Citation1988 SCMR 1646

CourtSupreme Court of Pakistan

Case No.Civil Petition No.293 of 1988

Date1988-06-05

Judge(s)Muhammad Afzal Zullah and Saad Saood Jan

Authored bySaad Saood Jan

ResultAppeal accepted

ORDER

SAAD SAOOD JAN, J.‑‑ This petition is converted into appeal. An order of eviction was passed against the petitioner by the Rent Controller and was in due course executed. He filed an objection petition alleging that even though the order of eviction related to khasras Nos.7219 and 7227 only he had also been ejected from khasra No.7220 which belonged to him. The executing Court rejected the objection holding that he should have raised the objection at the time when the bailiff was executing the order. He filed an appeal before the District Judge but without any success. He then filed a revision petition in the High Court learned Single Judge dismissed the revision petition solely on the ground that no objection petition lay from the proceedings relating to execution of Rent Controller's order

2. The view taken by the High Court is contrary to the decision of this Court in Muhammad Yasin v. Sheikh Ghulam Murtaza an another (P L D 1988 S C 163). We would accordingly accept this appeal, set aside the order of the High Court and remand the case to the High Court for disposal of the revision petition on merits There will be no order as to costs.

M.I. /Z‑36/S Appeal accepted.