1. ' MUNIB AHMAD KHAN, J.---None present for the judgment-debtor, learned counsel for the Decree Holder has pointed out that for the last about 2 years neither the J.D. /tenant is paying the rent nor follows the terms and conditions of the tenancy, while he has polluted the environment and also misbehaved the officials of the Housing Scheme.
2. ' It has been observed that this Court in C.P.No,1801 of 2006 referred the matter to the Arbitrator and Arbitrator has passed an Award against the J.D./tenant directing therein that the J.D./tenant to handover the vacant possession of the shop No,1 within 30 days. The said Award was filed in Court and was made rule of the Court by order dated 17-1-2008 in Suit No,543 of 2007. It is also being observed that on 14-4-2008 one Fida Hussain, Advocate, showed his willingness to file power on behalf of J.D., but none is present today although the power has been filed.
3. ' Learned counsel further submits that the order of this Court dated 17-1-2008 has not been challenged therefore, it has become final.
4. In such a situation and keeping in view no objection from either side, I allow this execution and direct the J.D. To handover the possession to the Officer of the Society (Assistant Director) of the Housing Scheme and in case of her failure the Nazir is directed to get vacated the shop from the J.D. With the assistance of police and handover its possession to the Society. In case assistance of Nazir is required then he will be paid Rs,20,000 towards his fees by the D.H.
5. 'Execution application to be after the report of the Nazir.