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Civil Revision No. 293 of 1983, decided on 21st February, 1983.
‑‑ S. 17 read with Civil Procedure Code (V of 1908), O. XXI, rr. 97, 99 & 103‑Ejectment orders‑Execution‑Objections‑Power to execute ejectment orders vesting in Rent Controller‑ Rent Con troller not being a civil Court but a special tribunal, objections filed under O. XXI, rr‑ 97, 99 & 103, C. P. C., held, not competent.
Ch. Inayat Ullah for Petitioner.
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 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.
M. Y. M. Petition dismissed.
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