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Civil Petition for Special Leave to Appeal No. 1527 of 1980, decided on 17th April, 1981.
(On appeal from judgment and order of Lahore High Court, dated 25‑10‑1970 in C . R . 1704 of 1980) .
‑‑‑Art. 185(3)‑‑West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13(6)‑‑Civil Procedure Code (V of 1908), 0. XXXIX, Rr. l & 2‑‑Petition for leave to appeal‑‑Petitioner tenant challenging order of Rent Controller for deposit of arrears of rent and future rent by civil suit and filing application for temporary injunction which was dismissed by all Courts below‑‑Counsel for petitioner unable to make out a prima facie case justifying issuance of a temporary injunction or maintainability or institution of civil suit in rent case‑‑Leave not granted.
Tanvir Ahmad Advocate‑on‑Record for Petitioners.
Nemo for Respondent.
Date of hearing: 17th April, 1981.
Arif Mahmood Sheikh landlord filed an application under the West Pakistan Urban Rent Restriction Ordinance VI of 1959 for eviction of the petitioners from the property in dispute. In these proceedings the learned Rent Controller on 20‑7‑1980, passed an order under section 13(6) of the Ordinance for deposit of the arrears of rent and the future rent as mentioned therein. At that stage the present petitioners resorted to the institution of a civil suit for challenging the aforesaid order of the learned Re‑t Controller. In that suit, they filed an application for issuance of a temporary injunction which was dismissed on 18‑9‑1980. Their first appeal and revision also met the same fate and were dismissed by the learned Additional District Judge and the High Court on 9‑10‑1980 and 25‑10‑1980 respectively.
2. The petitioners have come up in a petition for special leave to appeal against the same to this Court.
3. We have heard the learned counsel. He could not make out any prima facie case justifying issuance of a temporary injunction maintainability or the institution of a civil suit in cases of this nature
4. The result is that this petition has no merit and is dismissed hereby.
M . Y . H . Leave petition dismissed.
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