MUHAMMAD ASLAM KARIMI vs KHALIL AHMAD and others
This petition was filed against the dismissal of an application under Section 12(2) of the Code of Civil Procedure 1908. During the proceedings before the Supreme Court, the petitioner's counsel requested time until the end of the year to vacate the premises, while the respondents' counsel proposed a period of four months. The Court disposed of the petition by granting the petitioner time to vacate the premises until 30th November 1996. The Court imposed a strict condition that if the petitioner failed to hand over vacant possession by the specified date, the Rent Controller would be authorized to execute a writ of possession with police assistance without issuing any further notice. Additionally, the petitioner's counsel provided an undertaking that the petitioner would discontinue the receipt of petrol before the expiry of the granted period. Consequently, the petition was dismissed subject to these observations and conditions.
- Can the Supreme Court grant time for vacating premises while dismissing a petition against the dismissal of an application under Section 12(2) of the Code of Civil Procedure 1908?
- Can a Rent Controller be directed to execute a writ of possession with police aid without further notice upon the failure of a party to vacate by a court-ordered deadline?
- Section 12(2), Code of Civil Procedure 1908
ORDER
1. ' This petition has been filed against the dismissal of the application under section 12(2), C.P.C. Mr. Fakhruddin G. Ibrahim, Senior Advocate Supreme Court for the petitioner, submits that his client would not press for the above petition if he is allowed time up to end of the year. Whereas Mr. Khalil-ur-Rehman, learned counsel for respondents Nos. 1 and 2 is agreeable to four months' time.
2. We allow time to the petitioner up to 30th November, 1996 on the condition that in case the petitioner fails to hand over the vacant possession on the expiry of the above period, the Rent Controller shall cause execution of writ of possession with police aid without further notice to the petitioner. Mr. Fakhruddin G. Ibrahim, learned counsel for the petitioner, undertakes that the petitioner before expiry of the above period would discontinue receipt of the petrol. The petition is dismissed with the above observations.