Law:

Section:

(a) Constitution of Pakistan (1973)--Art. 185(3) read with West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13(3), (6) Challenge regarding direction to deposit arrears of rent much belated and petitioner taking benefit under such direction and accepting same for a decade Held, cannot be permitted to be made before Supreme Court and that without paying arrears and without showing his bona fide, petitioner was not entitled to relief in discretionary jurisdiction of Supreme Court for grant of leave to appeal. (b) Constitution of Pakistan (1973) --Art. 199 Writ jurisdiction Petitioner lacking bona fides and coming to Court with unclean hands Held, not entitled to any relief in writ jurisdiction of High Court. ORDER MUHAMMAD AFZAL ZULLAH, J. This petition for leave to appeal has arisen out of an alleged offence of petitioner furnishing of a false surety bond in pursuance of au order of the appellate Court for payment; of arrears of rent (Rs. 21,033) in an urban tenancy eviction case as condition for the stay of physical ejectment during the pendency of the appeal. It is not contested in the petition that as stated in the impugned judgment of the High Court, the eviction of the petitioner had been maintained up to the High Court (thrice) in earlier protracted proceedings. However, in that line of litigation which is now over one decade old, civil suits were filed and objections to physical eviction were also raised by another person Mr. Zaman (stated to be at the instance of petitioner) whom no doubt the petitioner has tried to defend in this petition. But the present matter does not directly relate to the question of suits or objections by Mr. Zaman. In the present controversy, after the stay of ejectment by the appellate Court, the petitioner did furnish the necessary bonds as security for payment of Rs. 21,000, on the maintenance of the ejectment order. He had not challenged the conditional stay order rather he availed of the same. The respondent landlord in order to protect his rights under the conditional stay order regarding payment of Rs, 21,000 by the petitioner, sought enquiry about the bond of the surety, namely, Sh. Manzoor Ahmad. Falsehood…

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