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Civil Petition, No. 969 of 1983, decided on 6th July, 1983.

(On appeal 81 of 1982) judgment of the High Court, dated 11‑6‑1983 passed in C. R.No. 781 of 1982.

‑‑ Art. 185(3‑‑West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13‑Tenant committing breach of order of Rent Controller by which he was granted protection against ejectment for 8 years by not paying rent to landlord for 3 consecutive months‑Tenant contending before executing Court that landlord had told him to collect rent on his visit to his shop and, therefore, he did not pay rent‑Contention being not stipulated in order of Rent Controller, executing Court, held, cannot go behind order of Rent Controller‑Tenant himself committing breach not entitled to any relief‑Petition dismissed.

S. M. Tayyab, Advocate Supreme Court for Petitioners.

Ch. Muhammad Hassan, Advocate Supreme Court for Respondent.

Date of hearing : 6th July, 1983.

MUHAMNAD HALEEM, ACTG., C. J.‑

The petitioner failed to pay the rent for three consecutive months, and, accordingly, committed a breach of the order of the Rent Controller dated the 10th of May, 1980, by which he was granted protection against ejectment for 8 years. His case before the Executing Court was that the respondent himself had told him that he would collect the rent on his visit to the shop, and it was, thereafter, that the rent was not paid. This was not the stipulation in the order dated the 10th of May, 1980, and, therefore the Executing Court could not go behind it. The petitioner himself committed a breach of the order and he is not entitled to any relief. The petition is dismissed as without substance.

M.Z.M. Petition dismissed.

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