1. MUWMMAD GUL. J. In the above petition arising out of proceedings under W. P. Ordinance VI of 1959, by order dated the 1st October 1973, leave was granted to Abdul Ghani whose ejectment had been ordered from the property bearing No. B-VII-S. 7/462 Sheikhupura at the instance of Nawab Din, the respondent landlord, a transferee of the same under the provisions of Act 28 of 1958. While granting leave, the petitioner's existing possession of the suit premises was also directed to continue subject to the conditions laid down to the earlier order of this Court dated 11th July 1973 namely
(a) that he shall deposit all future rents beginning from the month of July 1973 by the 13th of each successive month ; and
(b) that he shall furnish security for the entire amount of arrears to be determined by the Rent Controller within one month .Of such determination.
2. Nawab Din respondent has now applied that the petitioner has failed to comply with the above two conditions and that on an enquiry from the learned Rent Controller, it transpired that Abdul Ghani had been depositing rent at the rate of Rs. 3 which according to the assessment register was rent of the contiguous premise bearing property No. B-VIIi-S. 7/466 of which Abdul Ghani petitioner was the transferee. I his according to the respondent was to create a facade the he had been complying with this Court's order subject to which he was allowed to continue the possession of the premises in dispute, though the monthly rental of the suit premise is Rs. 25.
3. Abdul Ghani has, in his rejoinder, stoutly resisted the above allegation.
4. We have heard the parties' learned counsel and we consider it just and convenient to decide the main appeal Instead of delaying its decision which would be the inevitable result if the parties are allowed to embark upon litigation on side issues arising in the case.
5. Accordingly, we direct that the main appeal shall be heard at Rawal--pindi on the present record during the week commencing from 21-11-1975.