Law:

Section:

Cantonment Rent Restriction Act (XI of 1963)- --- S. 17-Eviction of tenant-Compromise by attorney-Decision on special oath - Question whether compromise entered into bar respondent attorney resulted out of collusion between him and another-A question of fact, not to be pressed for decision in Supreme Court in leave to appeal proceedings----Petitioner (tenant) executing power of attorney with reference to litigation between her and one of respondents (landlord) empowering another respondent (attorney) to enter into agreements on her behalf-Power to enter into agreements having been conferred with reference to pending litigation, power, held, included power to settle such litigation by any type of agreement-Attorney agreeing that if contesting respondent (landlord) takes oath on Holy Quran that bungalow in question was given to petitioner (tenant) only for residential purposes and not for running a hotel, suit may be decreed in favour of contesting respondent (landlord)-Such manner of compromise held only a type of agreement and attorney did not exceed his authority.­[Question of fact-Attorney]. JUDGMENT DORAB PATEL, J.-The dispute in this petition for leave relates to a bungalow in Risalpur leased by the third respondent to the petitioner. In the events that happened, the third respondent filed an application against the petitioner for her eviction under section 17 of the Cantonment Rent Restriction Act, 1953. The application was pressed on several grounds one of which was that the petitioner was using the demised premises for a purpose not contemplated under the demise. As this application was dis­missed by the Rent Controller an 7-3-1974, the third respondent filed an appeal against this order in the District Court, Peshawar. The appeal was heard by the learned District Judge and the petitioner was represented by the fourth respondent, who was both her attorney and her husband. In the course of the hearing of the appeal on the 14th of December 1974, the fourth respondent made an offer that if the third respondent "takes oath on the Holy Qur'an that Bungalow No. 116 in question was given to the (petitioner) only for the residential purposes and the said…

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