' FAZAL ILAHI KHAN, J.---This is a petition for leave to appeal against the judgment of Lahore High Court, Bahawalpur Bench, Bahawalpur dated 6-10-1994 whereby Writ Petition No,463-94/BWP. Filed by the petitioner was dismissed.
2. Learned counsel for the petitioner has been heard. None is present on behalf of the respondents in spite of notice.
3. In an ejectment petition filed by the respondents against the petitioner the learned Rent Controller passed an order under section 13(6) of the Rent Restriction Ordinance directing the petitioner to deposit the rent from February, 1975 to January, 1994 till 6-3-1994 at the rate of Rs,25 per month and also the future rent.
4. Feeling aggrieved the petitioner challenged the same in Writ Petition stated above which was dismissed.
5. It was contended by the learned counsel for the petitioner that ejectment petition in this case was filed before the Rent Controller on 8th January, 1994 in which the learned Rent Controller directed the petitioner to deposit the rent from February, 1975 to January, 1994 as stated above at the rate of Rs,25 per month which was contrary to law as declared by this Humble Court in Ishrat Hussain v. Subedar alias Suba (1975 SCM R 19), it being for a period more than 3 years before the institution of the petition.
6. Undoubtedly the Rent Controller was not competent to have directed the petitioner for deposit of arrears of rent for a period more than 3 years as provided under the law laid down by this Court; hence, we convert this petition into appeal, accept it and modify the judgments of the Rent Controller and that of the learned High Court to the extent that the petitioner shall deposit, in pending ejectment petition, arrears of rent amounting to Rs,1325 i,e, from 1st August, 1990 to 31st January, 1995 at the rate of Rs,25 p.m. He shall pay future monthly rent at the same rate i,e, Rs,25 per month, as directed by the Rent Controller. The petition shall then be decided in accordance with law by the Rent Controller within 6 months, it being an old matter. No order as to costs.