1988 PLP 1839 (CLC)

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)‑‑ ‑‑‑Ss. 13 & 15‑‑Constitution of Pakistan (1973), Art. 199‑‑Tenant filing Constitutional petition against eviction order passed against him by Rent Controller and affirmed by Appellate Authority‑‑During arguments before High Court, parties entered into compromise whereby landlord agreed to give one year's time to tenant for vacation of premises in question and in turn tenant agreed to vacate premises after agreed one year's time subject to payment of arrears and future rent‑‑High Court disposed of petition in terms of statements made by the parties in Court. M. Farani, Barrister‑at‑Law for Petitioners. Ch. Bashir Ahmed for Respondent No.3. The petitioners have moved this Constitutional petition praying therein that the impugned order dated 1‑10‑1987 (Annexure 'E') may be declared without lawful authority and of no legal consequence.

2. The petitioners are tenants under respondent No.3 in respect of the property No. SW‑V‑30‑A‑S‑10 known as 61‑National Park, National Town, Sanda Road Lahore, The case of the petitioners is that they have spent a sum of Rs.40,000 towards the repairs of the property in question. The learned Rent Controller after hearing the parties, passed an order of ejectment against the petitioners and their appeal was heard and dismissed by the learned Additional District Judge, Lahore, vide his judgment dated 1‑10‑1987. During arguments, the parties have entered into a compromise by making statements. The respondent landlady have given one year's time to the petitioners for the vacation of the premises in question. This time so given by the respondent landlady will end on 19‑1‑1989. The petitioners have stated that they will pay the arrears of rent and will continue paying the future rent as well and in case of default they shall be ejected forthwith from the property in question. They have further made a statement that they are entitled under law to move the competent Court for the recovery of a sum of Rs.40,000 spent by them towards the repairs of the property in question.

3. The parties have entered into a compromise. The respondent I landlady has given one year's time to the writ petitioners for the vacation of the premises in the question. The petitioners shall hand over the vacant possession of property in question to the respondent landlady on or before 19‑1‑1989. During this period the petitioners shall continue paying rent at the rate of Rs.600 per month to the landlady and they will also clear the arrears of rent within a period of one month. In case of default in the payment of arrears as well as the future rent, the petitioners shall be liable to be ejected from the property in question forthwith. This petition is disposed of in terms of the statements made by the parties in Court. H.B.T./B‑57/L Order accordingly.