Law:

Section:

Constitution of Pakistan (1973)--- ----Art. 185-Compromise-Appellant tenant undertaking to surrender vacant possession of premises to landlord and clear all arrears of rent within a fixed time and landlord agreeing to forego demand for enhanced rent over and above rent already fixed till time specified for delivery of possession, appeal disposed in terms of compromise-Appeal however ordered to stand dismissed with costs in event of appellant's failure to comply with terms of compromise-[Compromise]. ORDER MUHAMMAD AKRAM, J.---The appellant, Mr. S. A. Saeed. Advocate, is a tenant since 1961 of a portion of the property known as 44-Masjid Shah Chiragh Lahore, which is presently under the management of the Auqaf Department, He was paying rent at the rate of Rs. 12 per mensem for the premises. He had paid the rent at the agreed rate of Rs. 12 per mensem till the end of. May 1968 But, before it, on the 13th December 1967, he received a notice from respondent No. 3, Assistant Manager, Auqaf Properties. Sector No2 Lahore assessing the rent for the premises in his possession at As 230 per mensem with effect from 1st July, 1966. The appellant challenged the validity of this order by filing a writ petition against it under Article 98 of the late Constitution of Islamic Republic of Pakistan, 1962. On the 21st September 1971, a Division Bench of the Lahore High Court at Lahore disposed of the writ petition holding that the respondents were entitled to recover the reassessed rent at the enhanced rate but with effect from 1st June, 1968 only. The appellant then filed a petition for special leave to appeal from the order of the High Court. On…

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