1. ' MANZOOR HUSSAIN SIAL, J.---The petitioner seeks leave to appeal from order dated 29-1-1994, passed by learned Single Judge in the Lahore High Court, in Writ Petition No, 164/1994.
2. ' Mrs. Zile Huma, respondent No,1 herein, filed application under the Rent Restriction Ordinance, 1959 (hereinafter referred to as the 'Ordinance'), seeking ejectment of the petitioner and respondent No,2 from the premises in dispute. The petitioner and respondent No,2 in reply, to the ejectment petition denied the relationship of landlord and tenant between the parties. The learned Rent Controller on 27-2-1993, resolved the issue holding that the petitioner and respondent No,2 were tenants under the respondent No,1 and on 9-3-1993, passed an order under section 13 (6) of the Ordinance, directing the tenants to deposit the arrears as well as further rent. On 23-5-1993, the petitioner applied for extension in time to deposit the rent but his application was dismissed on 19- 5-1993, by the Rent Controller. He simultaneously struck off the defence of the tenants for failing to deposit the rent and directed their ejectment from the disputed property.
3. ' On appeal the aforesaid order of the Rent Controller was set aside by the learned Additional District Judge, Lahore, and the case was remanded to the Rent Controller. Respondent No,1 being aggrieved by the aforesaid order of the first appellate Court filed Constitutional petition which was allowed by learned Single Judge in the Lahore High Court on 29-1-1994. Hence this petition for leave to appeal.
4. Learned counsel for petitioner contended that the status of the petitioner as a tenant had not so far been determined, the order directing him to deposit rent under section 13 (6) of the Ordinance, was legally untenable. The contention raised has no merit. Learned Rent Controller vide his order dated 27-2-1993, had already adjudicated upon the issue, holding the petitioner as tenant under the respondent No,1. Admittedly the petitioner having failed to deposit the arrears of rent and future rent as directed on 9-3-1993, by the learned Rent Controller, even till today, cannot successfully seek interference in the order of his ejectment passed in consequence thereof, from the premises in question.
5. ' Resultantly, this petition is dismissed and .