Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959), Ss. 13 & 15-Controller accepting application of landlord and directing tenant to hand over vacant possession-Appeal against order of Controller-Pending appeal compromise arrived at between parties whereby tenant allowed to continue in possession for period of three years from date of compromise on condition of payment of all arrears and regular payment of future monthly rent-Tenant after expiry of three years failing to vacate premises-Landlord moving application for execution of order of ejectment-Tenant pleading that compromise in appeal had created fresh tenancy and therefore he could not be ejected save by afresh proceeding for ejectment if same maintainable under law-Argument, held, without substance-No fresh tenancy created by compromise which merely gave time to tenant to continue in possession for stipulated period. Syed Sarwar Abbas v. Syed Muhammad Taqi Rizvi 1969 S C M R 589; Hyderabad Memon Anjuman v. Diwan Kewalram 1971 S C M R 82 and Sheikh Taj Ali v. Syed Abdul Haq Shah 1972 S C M R 228 rel. Samiullah v. Muhammad Salim 1971 S C M R 725 distinguished. ORDER ANWARUL HAQ, J.-This petition for special leave to appeal seeks to call in question an order made by a learned Single Judge of the Lahore High Court on 16-2-73, whereby a second appeal filed by the petitioner in the matter of his ejectment from property bearing No P/219 situate in Jhang Bazar Lyallpur, was rejected. The relevant facts are that in proceedings brought against the petitioner by Abdul Rahim, the predecessor-in-interest of the respondents, the learned Rent Controller, Lyallpur, made an order on 12-4-66 directing the petitioner and his co-tenant Mashooq Ali alias Maqsood Ali to hand over vacant possession of the premises to the landlord. During the pendency of their appeal in the Court of the District Judge, the parties arrived at a compromise, and the appeal was accordingly disposed of on 8-6-66 in terms of the compromise. Apart from certain stipula­tions regarding payment of the arrears of rent and enhanced rent for the future, one of the terms of the compromise was that in case the deposit of rent was made on or…

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