1989 SCMR 237 SUPREME-COURT

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MUHAMMAD ASHRAF VS ABDUL HAMEED Code of Civil Procedure 1908--12 , Constitution of Pakistan 1973--185 , Sindh Rented Premises Ordinance 1979--15 , ---S. 15--Constitution of Pakistan (1973), Art. 185(3)--Civil Procedure Code (V of 1908), S. 12(2)--Ejectment--Execution application filed by landlord for ejecting tenant decided by a consent order passed by High Court who ordered eviction of tenant by a stipulated period--Tenant thereafter filed an application under S. 12(2), C.P.C. and challenged compromise order on ground that his counsel who entered into compromise had no authority to do so--Tenant prayed for a stay which was refused by High Court--Held. tenant after enjoying benefit of compromise order thought it fit to challenge it only when he was obliged to vacate premises--Tenant by his own conduct disentitled himself to interim relief and was rightly denied stay order.