' MIAN SAQIB NISAR, J.--- The petitioner was a tenant of respondent No,1, who brought an ejectment application against the petitioner on the ground of default; the petitioner in defence took up the plea that he has discharged some liability of the respondent by paying Rs,5,88,630 as a commercialization fee in terms of clause 11 of the Rent Deed; considering even the above, the learned Rent Controller vide order dated 8-3-2008 directed the petitioner to deposit the arrears of the rent w,e,f, December 2006 to February, 2008 and also to pay the future rent as well; this order has not been complied with, resultantly the defence of the petitioner has been struck off in terms of section 13(6) of the Punjab Urban Rent Restriction Ordinance, 1959 vide order dated 14-4-2008. The petitioner preferred an appeal, which was also dismissed vide judgment/order dated 20-5-2009.
Hence this petition.
2. Heard. Admittedly, the petitioner was required to deposit a sum of Rs,6,60,000 as arrears of the rent for the period from December, 2006 to February, 2008; even if giving him the advantage that commercialization fee had been paid by him for discharging the liability of respondent No,1 to the tune of Rs,5,88,330, yet he is a defaulter to the extent of Rs,71670. Obviously in the circumstances his defence was liable to be struck off; besides, even after the order passed by the Rent Controller striking off his defence, during the pendency of appeal and even till this date, the order dated 8-3- 2008 has not been complied with. In the circumstances, I do not find this to be a fit case for exercising of my constitutional jurisdiction; this petition thus has no merits and the same is hereby dismissed.