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Art. 185(3)-Supreme Court Rules, 1980, O. V, r. 18-West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13School premises in Government occupation -Ejectment proceedings against Government -Ejectment order passed by Rent Controller Government seeking interim stay on ground that if Government was evicted that would. cause a great hardship to children studying in school located in premises in question -Held, there was no reason to treat such tenant differently from other tenants simply because they were running school in building taken on rent-Such tenant was governed by provisions of West Pakistan Urban Rent Restriction Ordinance, 1959-Tenant who is running a school in hired building should act with much greater care and responsibility than ordinary tenants.

M. M. Saeed Beg for Petitioners.

This order will dispose of C. M. P. No. 582/85 in C. P. S. L. A. No. 570/85.

2. Facts giving rise to this application for grant of stay are that the building in question was taken on rent by the proprietor of a private school which was subsequently nationalised. Thereafter, the Government became liable to pay the monthly rent to the landlord, but it failed to pay rent as required. The landlord, therefore, filed ejectment applications before the Rent Controller, who ordered eviction of the petitioner from the premises in question. The petitioner/Government then passed orders requisitioning the said building. The landlord respondent challenged the validity of the requisition order through a writ petition, iter alia, on the ground of mala fides. The writ petition was allowed. The Government then filed I.-C. A. which was dismissed vide the impugned judgment and the order of the High Court was upheld.

3. The petitioner-Government has assailed this judgment through the present petition for leave to appeal.

Alongwith the petition, Government has also filed an application for interim stay, which has been heard today.

4. It was argued in support of the application, inter alia, that if the tenant (Government) is evicted it would cause a great hardship to the children studying in the school located in the premises in question and that operation of the impugned order must, therefore be stayed.

5. This contention is misconcieved because once this view is accepted all persons hiring buildings on rent for running schools would hardly ever feel obliged to pay the rent to the landlords, because they would always rise the plea of inconvenience to students'. There is no reason to treat such tenants differently from other tenants simply because they are running schools in the buildings taken on rent by them, because like other tenants they are governed by the provisions of the West Pakistan Rent Restriction Ordinance, 1959. In fact, a tenant who is running a school in the hired building should act with much greater care and responsibility than ordinary tenants because any default or infringement of the Rent Laws on the part would not only cause inconvenience to them but also to the studen studying in their schools.

The stay application is, therefore, dismissed.

M. B. A. Appeal dismissed.

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