1. ' NASIM HASAN SHAH, J.-The respondent was transferred on 6-12-1961 inter alia a quarter bearing No, 11-A, Lawrance Road, Lahore. She served a notice under section 30 of the Displaced Persons Act on 18-3-1964 upon the petitioner intimating him of the factum of transfer and calling upon him to pay the arrears of rent as from the date of transfer and future monthly rent. The petitioner is stated to have deposited the rent from 6-12-1961 to 6-6-1964 in the Government Treasury with the permission of the Rent Controller.
2. ' On 18-2-1967, the respondent filed an ejectment application seeking ejectment of the petitioner, and in pursuance thereof an order passed under section 13(6) of the Rent Restriction Ordinance on 18-12-1968 directing him to deposit the arrears of rent (past three years; from 1-11-1965 to 1-11-1968 at the rate of Rs, 6 per mensem). This order does not appear to have been complied with according to its terms. Hence the defence of the petitioner was struck off and respondent ordered to be put in possession.
3. The case of the petitioner is that as the respondent could not demand the rent beyond three years from the date of his application (9-2-1967), hen the rent paid for the period before this date could be adjusted towards the rent payable in pursurance of the order for deposit of rent made under section 13(6) of the Rent Restriction Ordinance on 18-12-1968, namely, for the period from 1-11-1965 to 1-11-1968. As pointed out by the learned Rent Controller that although the respondent could not demand the rent beyond 9-2-1964 (as the application was made on 9-2-1967), the petitioner was no precluded from paying time barred rent to the respondent. Having himself stated in the challan that the rent was for the period from 6-12-1961 to 6-6-1964 it did not lie in his mouth to say that this be treated as rent for the disputed period. We may add that where a sum of money has been voluntarily appropriated towards a particular debt, the same cannot thereafter be adjusted against some other debt.
4. ' There is no force in this petition which is dismissed. However, the petitioner is allowed four months provided he continues to pay the monthly rent according to law.