On the strength of the rule laid down in Din Muhammad v. Umar Hayat 1981 SCMR 326, Muhammad Ibrahim v. Ghulam Nabi PLD 1980 Lah.619 and Zahid Hussain Khan v. Muhammad Abdullah PLD 1979 Kar. 628 it is contended that though the petitioner had got the challan forms signed by the learned Rent Controller on the 12th June, 1982, yet he could not deposit the amount of rent till the 15th June, 1982, because he had seriously fallen ill and that he made the deposit on the 16th June, 1982, and as the default was due to unavoidable circumstances beyond his control his defence could not have been struck off. Admit. Notice.
2. Subject to notice operation of the impugned orders of the learned Rent Controller and the learned Additional District Judge are suspended.