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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: MUHAMMAD ASHIQ ANSARI VS Respondent: ADDITIONAL DISTRICT JUDGE, RAWALPINDI.
1988 S C M R 1854
1988 S C M R 1854
Present: Muhammad Afzal Zullah and Ali Huasain Qazilbash, J.J
MUHAMMAD ASHIQ ANSARI‑‑Petitioner versus
ADDITIONAL DISTRICT JUDGE, RAWALPINDI and others‑‑Respondents
Civil Petition No.292‑R of 1987, decided on 6th July, 1988.
(On appeal from the judgment and order of the Lahore High Court, Rawalpindi Bench, Rawalpindi dated 27th September, 1987 in Writ Petition No.183 of 1987) .
West Pakistan Urban Rent Restriction Ordinance (VI of 1959)‑‑
‑‑‑S.13‑‑Constitution of Pakistan (1973), Art.185(3)‑‑Leave to appeal‑ ‑Ejectment‑‑Consent order in time‑barred petition‑‑Petitioner agreeing not to press his petition if he was allowed some time and consented to hand over vacant possession within four months and to pay arrears of rent within one month‑‑Respondent having agreed, Court ordered accordingly and petition was dismissed.
Samad Mahmood, Advocate Supreme Court and Manzoor Ilahi Advocate‑on‑Record for Petitioner.
M. Hanif Bhatti, Advocate Supreme Court and M.A. Siddiqui 'Advocate‑on‑Record (absent) for Respondent No.3.
Date of hearing: 6th July, 1988.
JUDGMENT
MUHAMMAD AFZAL ZULLAH, J.‑‑This petition by a tenant seeking leave to appeal against his eviction and dismissal of his Writ Petition, is prima facie time‑barred.
Learned counsel for the petitioner, however, stated that if some time is allowed to the petitioner, he would not press the petition. After some opposition by the learned Counsel for the Respondent, both the sides have agreed that the following order be passed:‑
(a) The petition be dismissed.
(b) The petitioner shall hand over vacant possession to the respondent No.3 within four months without execution proceedings.
(c) The petitioner shall pay the entire arrears of rent to respondent No.3 within one month. The amount shall be, as calculated and agreed by the two learned Counsel, giving adjustment to the amount already deposited by the petitioner and not withdrawn by him. The payment shall be made in the presence of both the learned Counsel.
Order accordingly.
M.I./M‑537/5 Order accordingly.