Honble S.U. Khan, J.—This writ petition filed by the landlords was allowed by me on 10-4-2003. Thereafter re-hearing application was filed by the tenants-respondents on 27-1-2004. On 21-10-2005 arguments were heard on re-hearing application as well as writ petition. Delay in filing re-hearing application is condoned. Re-hearing application is allowed and judgment and order dated 10-4-2003 allowing the writ petition in the absence of respondents is set aside.

2. During pendency of re-hearing application I passed an order on 24-3-2004 staying the execution of decree. Thereafter on 8-7-2005 said stay order dated 24-3-2004 was modified and it was directed that tenant-respondent shall not be evicted provided that he deposited before JSCC an amount of Rs. 7,000/- by 7-8-2005 and continued to deposit Rs. 1,000/- per month thereafter with effect from August 2005 by 7th of each succeeding month. Thereafter on 24-8-2005 time to deposit the amount was extended till 28-9-2005. However, when matter was heard on 21-10-2005 it was stated by the landlords’ counsel that no amount was deposited by the tenant. Learned counsel for the tenant could not deny the said assertion.

3. This writ peti