AFZAL ALI Versus ASHRAF ALI

ORDER

M. S. H. QURAISHI, J.‑ The respondent, who is real brother of the petitioner, instituted proceeding for ejectment of the petitioner on the ground of personal use. The petition was dismissed by the Rent Controller but it succeeded in appeal before the Additional District Judge, and his ejectment was ordered. Against this he filed a writ petition but the same was dismissed in limine by a learned Single Judge of the Lahore High Court on 28‑6‑1981 which is now impugned in the present petition for leave to appeal.

2. It is conceded that no stay having been granted, the petitioner was ejected from the shop on 17‑1‑1982. That being so, the petition has become infructuous. Learned counsel, however, submits that the respon dent has in violation of section 13(4) of the Rent Restriction Ordinance sold the shop to a third party on 29‑4‑1982 which, according to learned counsel, showed that his requirement for personal use was not bona fide. This is a matter for which the petitioner, if so advised, may take his remedy under the law.

3. ‑ No other point having been argued, the petition is dismissed:

M. Z. M,

Petition dismissed,