PLD 2022 Lahore 559
Ss. 4, 6 & 7---Parents' right to Evict children---Trial---Appeal---Scope---Under subsection (2) of S. 4, if a child had failed to vacate the house a written complaint can always be filed before the Deputy Commissioner by such parent and upon receipt of such complaint, the Deputy Commissioner after his satisfaction and hearing the parties to the effect that ownership vests with parent shall pass an order of Eviction of the house by a child, irrespective of the defence put up by the child including defence that he had constructed the house or purchased through funds of the child---Said order passed under subsection (5) as well as under subsection (2) of S.4 is appealable under S. 7---Order passed under subsection (5) does not need any recording of evidence as envisaged under Chap. XX of the Code of Criminal Procedure, 1898 but an order under subsection (2) which is a penal provision, the said procedure relatable to trial under Chap. XX of Code of Criminal Procedure, 1898 will be attracted---Under S. 6 the trial is to be conducted of a person who has been arrested or appeared or is brought before the Magistrate.
S. 4---Parents' right to Evict children---Scope---Parent may Evict a child, his spouse or offspring, from a house owned or rented by such parent---If a child, his spouse or offspring, had failed to vacate the house after seven days of service of written notice of Eviction by the parent, he may be punished with simple imprisonment for a term which may extend to thirty days or with fine of Rs. 50,000/-.
S. 4---Parents' right to Evict children---Pendency of civil litigation---Scope---Father (respondent) filed application before the Deputy Commissioner alleging therein that the son (petitioner) forcibly stopped his entry in the house owned by the former---Petitioner appeared before the Deputy Commissioner; contended that the respondent used to live separately in another house and that civil litigation in respect of the house was pending adju
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