ORDER MALIK MUHAMMAD QAYYUM, J.~ In this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 the petitioner/tenant has thrown a challenge to the impugned order of the Rent Controller dated 12.9.1997 whereby he was directed to deposit the arrears as well as future rent at the rate of Rs.5937/50 during the pendency of the application for eviction.
2. In support of maintainability of this petition the learned counsel has relied upon Abdul Majeed v.
Wazir Begum and 5 others (1996 SCM R 1881) to contend that an order for deposit of rent can be challenged in a Constitutional petition.
3. On merits it has been argued by the learned counsel that according to sub-section (6) of Section 13 itself the monthly rent is to be deposited before 15th and not 14th of each succeeding month. To that extent the argument of the learned counsel is correct and it appears that the Rent Controller acted under some mis-conception in directing the deposit to be made before 14th and not 15th of October, 1997. The same appears to be clerical in nature. Consequently, it is directed that the petitioner may deposit monthly rent before 15th of each succeeding month.
4. The learned counsel then went on to argue that the Rent Controller \vas not justified in not allowing the adjustment of the rent already paid or deposited by the petitioner.
5. I am not impressed with this contention. It was observed by the Rent Controller that no receipts had been placed before him tor payment of any rent. The learned counsel, however, insists that the receipts are available on the record of the Rent Controller. Even if that be so, the learned counsel for the petitioner has himself stated that in compliance with the impugned order the petitioner has already deposited the arrears of rent as directed. That being so, this discussion is purely accademia.
Disposed of in the above terms.