' This petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, calls in question the judgment of the Additional District Judge, Lahore, dated 19th October, 1982, by which he dismissed an appeal filed by the petitioner against the order of the Rent Controller, dated 8th May, 1980 as being incompetent.
2. An order of ejectment under section 13 of the Punjab Urban Rent Restriction Ordinance, 1959, was obtained by respondents Nos.1 and 2 against Abdul Majid son of Ghulam Rasool, with respect to a portion of the property bearing No,SE-11-30-S-12 Dharampura, Lahore, from the Rent Controller, Lahore, on 20th March, 1979, on the basis of a compromise arrived at between them, according to which the said Abdul. Majid had undertaken to vacate the premises by 30th June, 1979. The petitioner alleged that in the execution of that order of ejectment, they were dispossessed from the property in their occupation although they were in possession of the same in their own right and as such, could not have been ejected. They, consequently, filed an application under Order XXI, Rule 91, read with section 151, Civil Procedure Code, for restoration of possession to them. This application was dismissed by the Rent Controller on 8th May, 1980.
3. Aggrieved by this order, the petitioners filed an appeal which came up for hearing before the Additional District Judge, who dismissed the same on 19th October, 1982, holding that no appeal could be filed against the order of Rent Controller rejecting the objections filed by an objector after the amendment of section 17 of the Punjab Urban Rent Restriction Ordinance, 1959, by the Punjab Urban Rent Restriction (Amendment) Ordinance, 1979.
4. The question involved in this petition, namely, whether an appeal lies against an order of Rent Controller rejecting the objection of an objector during the execution proceedings, stands decided by this Court in Manzoor Hussain v. Muhammad All and others (1990 M LD 1227) in which it has been held that an appeal would lie against such an order under section 15 of the Punjab Urban Rent Restriction Ordinance, 1959. The same view has been taken by this Court in Malik Zafar Hussaion v.
Abdur Rasheed etc. (Writ Petition No,1321/86) decided on 5th March, 1991. Consequently, the impugned judgment of the District Judge holding the appeal before him to be incompetent is not sustainable.
' As a result of what has been said above, this petition is accepted, the judgment of the Additional District Judge, Lahore, dated 19th October, 1982, is declared to be without lawful authority and of no legal effect, with the result that the appeal filed by the petitioner shall be deemed to be pending before Additional District Judge, Lahore.