FAZAL DIN Versus Haji KHALID MAHMOOD

ORDER

1. This First Rent Appeal was admitted on 15‑8‑1985. The rent case was filed on the ground of default in the year 1984. The Rent Controller' decided the rent case in favour of the respondent by way of ex parte proceedings on 12‑1‑1985. This Court an order dated 23rd August, 1987 on the application of the respondent directed the appellant to deposit rent at the rate of Rs.70 per month w.e.f. July, 1983 till July, 1987 amounting to Rs3,430 within period of three months. Appellant was further directed to deposit future monthly rent at the rate of Rs.70 per month by 10th of each month starting from August, 1987.

2. It is contended by Mr.Sohail Rana that appellant has neither paid the arrears nor deposited the future rent in terms of the order passed by this Court. This has not been denied by Mr. Ataullah Khan.

3. I have heard this appeal on merits as well as on the second ground of default. I wanted to give time to Mr.Ataullah to deposit arrears as per terms ref the order of this Court but he has shown inability on the ground that appellants have been transferred from Karachi. It is an admitted position that future rent has not been deposited by the appellants and they have no case on merits as‑well. The React Controller ha rightly passed an ex parte order though appellants were served. In these circumstances this appeal is disused with no order as to costs.

4. M.Y.H./F‑56/K Appeal dismissed