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Civil Miscellaneous Petition No. 417 of 1979 in Civil Petition for Special Leave to Appeal No. 571 of 1979, decided on 22nd July 1979.
‑‑‑ S. 13 (6) read with Constitution of Pakistan (1973), Art. 185(3}‑ Leave to appeal‑Stay‑Petitioner's counsel having relied on decision of a High Court holding order for deposit of tentative rent to be not final and tenant as such being entitled to show cause against same before his defence eventually ordered to be struck off‑Execution of ejectment order stayed till hearing of main petition on condition of petitioner depositing future monthly rent before 15th of each succeeding calendar month.
S. M. Akhtar Mir, Advocate Supreme Court for Petitioner.
relies on a Single; Bench judgment of the Sind High Court reported as Ikramuddin v. Sayed Mahboob Ali (PLD1979SC741 ) in which it has been held that an order under subsection (6). of section 13 of the Urban Rent Restriction Ordinance for tentative deposit of rent was not final and the tenant was entitled to show' cause against it before his defence was eventually ordered to be struck off. The execution of the ejectment order is stayed till the hearing of the main petition on the condition that the petitioner shall deposit future monthly rent at the rate of Rs. 250 with the Rent Controller before the 15th of each succeeding calendar month.
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