1990 SCMR 476 SUPREME-COURT

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GOVERNMENT OF PUNJAB VS AZRA MOHY-UD-DIN Constitution of Pakistan 1973--185 , ---S.13(6)---Constitution of Pakistan (1973), Art.185(3)---Non-compliance -of Rent Controller's tentative rent order---Tenant's defence struck off and ejectment ordered by Rent Controller---Tenant's appeal and Constitutional petition dismissed and his eviction maintained by Courts below---Rent Controller's order of eviction and Appellate Court's judgment were based on admitted position of failure; of tenants to comply with the order of Rent Controller by which they were directed to deposit specified arrears of rent and future rent---Appellate Court had followed the rule laid down by Supreme Court in Province of Punjab v. Muhammad Jalil-ur-Rehman reported as 1986 S C M R 1705, that failure to comply with the direction of Rent Controller regarding deposit of rent entails the necessary consequence under S.13(6) of the Ordinance---Tenant's plea On the ground that since the petitioner Government was running a school in demised premises, delay in deposit of rent be condoned was an appeal on compassionate grounds rather than law---High Court had already allowed extra time to petitioners to vacate the premises---Nothing more was justified---Petition dish missed.