1. ' MUHAMMAD AFZAL ZULLAH, J.--This appeal through leave of the Court is directed against judgment dated the 26th January, 1979 of the Lahore High Court; whereby appellant's second appeal arising out of the order of his eviction from the suit premises on ground of default in payment of rent, was dismissed.
2. The point noted for examination in the leave grant order was whether the security deposit of Rs,1,000 lying with the landlord (respondent) could, in the circumstances of this case, be adjusted against the rent for the default period. The two reported cases, namely, Mst. Zubaida Begun' v. Mirza Mumtaz Hassan (PLD 1975 Lah. 1504) and West Pakistan Cooperative Consumer Society, Lahore v.
3. Messrs Mian Muhammad Farooq (PLD 1978 Lah. 28) were cited in the leave grant order, which according to the submission then made by the learned counsel for the appellant, indicated some conflict of opinion.
4. ' We have heard the learned counsel for the appellant in support of this plea and have also taken note of the circumstances in which the question regarding adjustment of security deposit had arisen. Firstly, even if it be assumed that the security deposit could be adjusted towards the rent due, the said amount was not enough so as to cover the entire default. There would still be substantial default in payment of rent which would remain unexplained. Secondly, on the examination of the rent deed, it has been found that the security could not have been adjusted against the rent due in this case.
5. ' On the point of so-called conflict of law also, the learned counsel has stated that the same has since been removed by the judgment of this Court in Zarina Khawaja v. Mahboob Shah (PLD 1988 SC 190).
6. ' We find no force in this appeal and the same accordingly is dismissed with no orders as to costs.
7. ' Learned counsel for the appellant requested that four months time may be allowed to him to vacate the premises. The learned counsel for the respondent has agreed to this request on the undertaking given by the learned counsel for the appellant, that the vacant possession of the premises shall be handed over to the respondent-landlord by the appellant without latter's resort to the proceedings for execution, prior to the expiry of four months' period. We order accordingly.