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Civil Petition No. 41 of 1975, decided on 17th March, 1980.
(On appeal from the judgment dated 27‑I1‑1974 of the Lahore High Court in C. M. No. 774‑C of 1974 and in S. A. O. No. 337/69).
‑‑ O. XXXIX, r, 2‑Injunction‑Stay order conditional and granted on terms‑Held, can be withdrawn on account of non‑fulfilment of terms of grant.‑[Injunction].
Nazir Ahmad Shami, Advocate Supreme Court and Inayat Hussain Shah, Advocate‑on‑Record for Petitioner.
Nemo for Respondent.
Date of hearing :17th March, 1980.
‑The petitioner had filed a second appeal before the Lahore High Court against the order of his ejectment. While admitting the appeal, the High Court granted a stay ad interim on 27th January, 1970, subject to the condition that the petitioner shall continue to deposit the monthly rent which the Rent Controller, on the same terms as earlier ordered by the latter. This order was confirmed on 8th September, 1970. However, the petitioner did not deposit any rent and as such did not fulfil the condition on which the stay order was granted. An application was consequently made by the respondent for vacation of the stay order on the ground that the petitioner had not complied with the terms on which the stay was granted to him. Before the High Court, it was established that the petitioner had not deposited even a single penny after 27th January, 1970 despite the order of the Court. The High court, therefore, held that the concession which was granted to the petitioner has been misused and declared that the stay order granted on 27th January 1970 and confirmed on 8th September, 1970 was no longer in the field. The said orders were accordingly vacated on 27th November, 1974. Hence this petition for leave to appeal. It appears to us that no objection at all can be taken against the order of the High Court. The stay order was a conditional one and granted on terms and could be withdrawn on account of the non‑fulfilment of the terms on which it was granted. We heartily agree with the High Court's order. This petition is, therefore, dismissed hereby.
Petition dismissed.
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