ABDUL GBANI Versus NAWAB DIN

ORDER

1. HAMOODUR RAHMAN, C. J.‑ In this petition leave was granted on the 1st October 1973, but earlier on the 11th July 1973, an order was also passed for maintaining the status quo as to possession on the condition that the petitioner will deposit all future rents commencing from the month of July 1973, by the 15th of each successive month with the Rent Controller and will furnish security for the entire amount of arrears to be determined by the Rent Controller within one month of such determination.

2. The applicant now complains that the petitioner has misled this Court by employing the fraudulent device of describing the property in dispute as BVS.7‑466. The said property has been transferred to the petitioner. There is no dispute with regard to that property, but the dispute is with regard to BVS. 7‑462.

3. The certificate for the deposits which has been obtained, is with regard to BVS. 7‑466, and, therefore, is misleading.

4. The suggestion thus is that not only was the status quo order but also the leave order obtained by practising fraud upon this Court.

5. The petitioner is not present, although notice has been duly served on his Advocate‑on‑Record.

6. Be that as it may, let a fresh notice issue from office to the petitioner and his Advocate‑on‑Record to show cause as to why the leave should not be recalled. The notice will be returnable at Lahore on the 10th of November, 1975.

7. Order accordingly.