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(On appeal from the judgment and order of the Lahore High Court, dated 29th September, 1981, in Writ Petition No. 4628 of 1981).

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)‑

‑‑ S. 13‑Ejectment‑Extension of time‑High' Court postponing eviction of petitioner till a specified date in view of coming Eid‑ul‑Azha on petitioner's undertaking to voluntarily deliver possession of house to respondent‑landlord before such date‑Petitioner after having undertaken to surrender possession unconditionally, held, really waived all rights to take exception to his eviction and consequently petition for leave to appeal to Supreme Court not maintainable‑Constitution of Pakistan (1973), Art. 185(3).

S. A. Saeed, Advocate Supreme Court and Syed Wajid Hussain, Advocate on‑Record for Petitioner.

Nemo for Respondents.

Date of hearing : 26th October, 1981.

KARAM ELAHEE CHAUHAN, J.‑The petitioner has been ordered to be evicted from the property in dispute which is described more fully in the petition. He filed a Constitutional petition being Writ Petition 4628 of 1981, but without any success as the same was dismissed by the High Court on 29th September, 1981. The petitioner has come up in a petition for special leave to appeal against the same to this Court.

2. We have heard the learned counsel. However, we drew attention of the learned counsel to para. 5 of the High Court judgment which reads as follows :‑

"Learned counsel for the petitioner lastly submitted that in case the sub missions made by him do not find favour with this Court, the petition in view of the coming Eid‑ul‑Azha be granted one month's time o his undertaking to voluntarily deliver possession of the house to the respondent landlord. He submitted that if this request is not granted the family of the petitioner will be thrown on the road in execution of the ejectment order. It is no t usual for this Court to grant time when it refuses to interfere in exercise of its constitutional jurisdiction, but in view of the fact that Eid‑ul‑Azha is very near, no wrong will be caused if petitioner's dispossession is stayed for a few days. It is, therefore, directed, that the petitioner, if not already dispossessed, shall not be evicted from the premises in dispute till 20th October, 1981, provided he undertakes to surrender voluntarily without raising any further objection the possession of the premises to the respondent landlord."

We asked the learned counsel as to how after the aforesaid undertaking and arrangement and after utilizing the time taken from the Court, his client was filing the present petition when there was left no animus revertendi for the parties to get out of the aforesaid settlement. Learned counsel really could not need this aspect of the case. In our opinion after having undertaken to surrender possession unconditionally the petitioner really waived all rights' to take exception to his eviction, and the present petition on this ground is now not maintainable in this Court.

3. The result is that this is not a fit case for leave to appeal. The petition is consequently dismissed hereby.

s. A. H. Petition dismissed.

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