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Constitution of Pakistan (1973)-----Art. 185(3)--Civil Procedure Code (V of 1908), O.XXIII, r.3--Interim relief--Refusal to grant--Ejectment proceedings compromised-­Subsequently, petitioner filed suit to repudiate compromise--Petitioners prayer for interim relief refused and order upheld in revision--Leave to appeal--Plea that petitioner was taken in by respondents mis­representation to enter into compromise, not sustained--There being no prima facie case and petitioner repudiating compromise to which he himself was a party, Courts below, held, had rightly refused him interim relief--Petition dismissed. Abdul Majeed Sheikh, Advocate Supreme Court instructed by Ch. Akhtar Ali, Advocate-on-Record for Petitioner. Nemo for Respondent. Date of hearing: 12th February, 1986. ORDER SHAFIUR RAHMAN, J.--The petitioner, a plaintiff in a pending civil suit, seeks leave to appeal against the judgment of the Lahore High Court, dated 17-12-1985 whereby a revision petition filed by him against the refusal of the two Courts below to grant him interim relief against an ejectment order was dismissed. The respondent was the owner of a property in Lahore of a portion of which the petitioner was the tenant. In 1979 she instituted an application for his ejectment on the ground of her bona fide personal need. Subsequently, she filed another application seeking his ejectment from the same property on the ground of default in the payment of rent. In contesting these two applications before the Rent Controller, the petitioner denied the need and the default. Ultimately, the parties entered into a compromise on the 26th of July, 1983 whereby the petitioner undertook to vacate the premises on 1-10-1985 and the respondent also granted certain adjustments in the rent due against him. 3. On 18-9-1985, i.e. a few days before he was required under the compromise to vacate the premises, the petitioner instituted a civil suit claiming that the respondent had misrepresented as regards her personal need and taken in by such misrepresentation the petitioner had entered into a compromise and undertaken to vacate the…

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