2020 C L C 1764
[Balochistan]
Before Rozi Khan Barrech, J
ABDUL AZIZ and others ----Appellants
Versus
TOWN MUNICIPAL OFFICER HUB through Administrator Civic Centre Hub and
others ----Respondents
F.A.Os. Nos.7, 8 and 9 of 2019, decided on 30th December, 2019.
Balochistan Urban Rent Restriction Ordinance (VI of 1959) ---
----Ss.13 & 17--- Eviction petition--- Consent order ---Execution petition--- Objection petition --
-Provisions of Civil Procedure Code, 1908 applicability of ---Appeal was disposed of w ith the
observation that monthly rent should be increased and deposited in the account of landlord and dispute with regard to previous rent should be resolved by the competent Court of law ---
Execution petition was filed but same was dismissed on the ground that no relationship of
landlord and tenant existed at the time of filing of appeal ---Validity ---Provisions of Civil
Procedure Code, 1908 were not applicable to the proceedings in stricto sensu, however, Rent Controller could follow the equitable principles thereof ---Decree should be executed in terms
and conditions mention in the code ---Executing Court had to confine its deliberations within
the purview of the decree and not beyond that and to dispose of the objections in the light of terms and conditions of a decree---Rent Controller had no authority to deviate from a real
controversy between the parties ---Petitioner had filed execution petition with regard to
consent order passed by the High Court ---Executing Court was bound to resolve the question
of am ount of arrears of rent in the case---Matter was remanded to the Executing Court by the
High Court with the direction to dispose of the execution petition and objection filed by the parties in the light of terms and conditions of order passed by the High C ourt---Appeal was
allowed, in circumstances.
Abdul Jabbar for Appellant (in F.A.O. No.7 of 2019).
Farooq Rashid and Rehmatullah Sadozai for Respondent (in F.A.O. No.7 of 2019).
Manzoor Ahmed Shah for Appellant (in F.A.O. No.8 of 2019).
Farooq Rashid a nd Rehmatullah Sadozai for Respondent (in F.A.O. No.8 of 2019).
Manzoor Ahmed Shah for Appellant (in F.A.O. No.9 of 2019).
Farooq Rashid and Rehmatullah Sadozai for Respondent (in F.A.O. No.9 of 2019).
Date of hearing: 20th December, 2019.
JUDGMENT
ROZ I KHAN BARRECH, J. ----This common judgment will dispose of FAO
Nos.07, 08 and 09 of 2019 as common question of fact and law is involved in all the cases
arising out of the order dated 09.02.2019 (hereinafter "the impugned Order") passed by learned Senior Civil Judge -cum-Rent Controller, Hub at Lasbela, (hereinafter "the trial
Court") whereby execution application filed by the appellant against the respondent has been dismissed.
2. Brief facts of the case are that the respondent filed execution application against the
appellants which was dismissed by the learned Rent Controller vide order dated 20.03.2015
on account of non- existence relationship on the occasion of filing an appeal by respondent
before this Court, the appeal was disposed of vide order dated 29.07.2016 by this Court with
the following terms:-
"(i) That the appellant i.e. Town Municipal Committee, Hub will issue allotment letters in favour of the respondents in view of the agreement dated 17.11.2017 executed between the Tehsil Council Hub through Nazim Tehsil Municipal Administration Hub District Lasbella and Messrs United Builders and Construction company Nawabshah through its Managing Director;
(ii) That the monthly rent of the shops in question will be increased from Rs.500/ -
(Rupees Five Hundred Only) to Rs.2000/ - (Rupees Two Thousand Only) w.e.f. 1st
August, 2016 and shall be deposited by the respondents in the Account of Municipal
Corporation, Hub;
(iii) That in case of dispute regarding the previous rent/default, if any, committed by the respondents, the appellant is at liberty to approach the competent Court of law for rederssal of his grievance".
3. The appellants filed execution application to satisfy the consent order by seeking
direction to the respondent to issue allotment to the appellants. The respondent filed objection over the execution application whereby Executing Court dismissed the execution application of the appellants on 09.02.2019. Hence this appeals.
4. I have heard the learned counsel for the appellant as well as respondent at
considerable length and also perused the record. It is admitted fact that this Court disposed of the appeals vide order dated 29.07.2016 with the consent of the parties in the above terms and the appellants filed execution application before the learned Rent Controller, Hub, for execution of the order dated 29.07.2016. It is better and appropriate to reproduce section 17 of the Balochistan Urban Rent Restric tion Ordinance, 1959 to resolve the controversy
between the parties.
"Section 17. Execution of orders.-- Every order made under section 10 or section 13 or
section 13- B and every order passed on appeal under section 15 shall be executed by
the Controller as if it were a decree of a Civil Court".
5. It is a settled law that provisions of C.P.C. are not applicable in the rent proceedings
in strict senso, however, learned Rent Controller in exercise of the discretion is entitled to
follow the equitable princi ples of C.P.C. It is also a settle law that the decree is executable in
the light of the terms and conditions mentioned in the decree and the executing Court has to confine its deliberations within the purview of the decree and not beyond that. It is the duty
and obligation of the executing Court to dispose of the objections filed by the objectors in the
light of terms and conditions of a decree and the learned Rent Controller has no authority to
deviate from a real controversy between the parties keeping i n view the decree secured by
the petitioner in the case in hand. The appellants filed execution to the extent of terms (i) with the consent decree passed by this Court, but it was also duty of the executing Court to resolve the term (ii) i.e. question of t he amount of the arrears of rent due/or the adjustment of
advance thereof shall be settled by the learned Executing Court.
In view of the above, the "appeals filed by the appellants is hereby accepted and the
case is remanded to the Executing Court/Rent C ontroller, Hub at Lasbela with the direction
to dispose of the execution and objection filed by the parties in the light of the terms and condition of the decree passed by this Court.
Order accordingly.
ZC/47/Bal.
Case remanded.This judgment is reproduced from a publicly available source for informational purposes and does not constitute legal advice. If you believe this listing contains an error,
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