M. ISMAIL & CO. Versus TAHIR SHEIKH

ORDER

1. ABDUL KADIR SHAIKH, J.‑‑ This is a petition for leave to appeal from the judgment of learned Single Judge of Sind High Court, dated 24‑10‑1985 whereby an appeal filed by the respondent‑landlord was allowed and as a result petitioners were directed to hand over vacant possession of the demised premises to the respondent. Learned Judge in the High Court on reappraisal of the evidence recorded in the case held that petitioners were defaulters in payment of rent to respondent landlord for the period from August, 1971 to August, 1973, and on this view of the case he reversed the finding of the Rent Controller in this regard set aside the order of the Rent Controller whereby respondent's application for petitioners eviction was dismissed.

2. After hearing the learned counsel for the petitioners in the light of record before us, we find that no exception can be taken in j view that has prevailed with the learned Judge in the High Court that petitioners were defaulters in payment of rent as stated above, this fact in the words of the learned Judge in the High Court "is almost admitted".

3. The petition has no merit, and is dismissed.

4. M. I. Petition dismissed.