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Civil Petition No. K‑480 of 1983, decided on 16th January, 1984.

(On appeal from the judgment dated 30‑11‑1983 of the High Court of Sind at Karachi in Constitutional P.No.115 of 1981).

‑‑‑Art.185(3)‑‑Sind Rented Premises Ordinance (XVII of 1979), S.15‑ Ejectment‑‑Petition for leave to appeal against ejectment‑‑Parties, towards conclusion of arguments, agreeing to settle their dispute amicably and as a result petitioner‑tenant giving undertaking to vacate premises voluntarily on expiry of eight months‑‑Petition dismissed as not pressed in view of settlement between parties.

Akhtar Mahmud, Advocate Supreme Court and Advocate‑on‑Record for Petitioner.

K.A.Wahab, Advocate Supreme Court and Faizanul Haq, Advocate‑on Record for Respondent No.l.

Date of hearing: 16th January, 1984.

The petitioner, a tenant under respondent No.l, was ordered to be ejected by the order of the District Judge, Karachi, on the appeal of the respondent and his Constitutional Petition directed against the said order of the learned District Judge having failed, hence this petition for leave to appeal.

Mr. Akhtar Mahmud, learned counsel for the petitioner, as well as Mr. K.A. Wahab, who appeared in support of the Caveat lodged by respondent No.l, have been heard at some length.

Towards the conclusion of the arguments of the learned counsel, the parries agreed to settle their dispute amicably. The petitioner has agreed not to press this petition, provided respondent No. 1 allows him the use and occupation of the premises in dispute for a further period of eight months. The respondent No.l agrees to do so, provided the petitioner gives an undertaking to the effect that he will vacate the premises voluntarily, on the expiry of the aforesaid period of eight months and will not oblige her to resort to take out execution proceed ings. The petitioner has given an undertaking before us that he will voluntarily hand over the possession of the premises to respondent No. l on the expiry of the aforesaid period of 8 months.

In view of this settlement between the parties, we would dismiss this petition as not pressed, but the petitioner shall not be ejected from the premises until 16‑9‑1984, provided he pays the agreed rent for the period between 1st January, 1984 to the 15th September, 1984, in lump sum to the land‑lady (respondent No.l) by the 1st February, 1984. The petitioner shall, according to his undertaking given before us, deliver the possession of the premises to respondent No.l voluntarily and peacefully on or before the 16th September, 1984.

S.Q. Order accordingly.

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