ROZI 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 applicati on 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 Restriction 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 proce edings in strict senso, however , learned Rent Controller in exercise of the discretion is entitled to follow the equitable principles 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 in 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 the amount of the arrears of rent due/or the adjustment of advance thereof shall be settled by the learned Executing IA 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 Controller , 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 .