1988 SCMR 1854

MUHAMMAD ASHIQ ANSARI Versus ADDITIONAL DISTRICT JUDGE, RAWALPINDI.

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Citation1988 SCMR 1854

CourtSupreme Court of Pakistan

Case No.Civil Petition No.292‑R of 1987

Date1988-07-06

Judge(s)Muhammad Afzal Zullah and Ali Huasain Qazilbash, J.J

Authored byMuhammad Afzal Zullah

ResultOrder accordingly

1. 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.

2. 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and agreed by the two learned Counsel, giving adjustment to the amount already deposited by the petitioner and not withdrawn by him.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.

3. Order accordingly.

4. M.I./M‑537/5 Order accordingly.