1988 SCMR 1338

REHMAN AND COMPANY REGISTERED Versus MUHAMMAD ASGHAR

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Citation1988 SCMR 1338

CourtSupreme Court of Pakistan

Case No.Civil Petition for Special Leave to Appeal No.854 of 1985

Date1988-05-14

Judge(s)Muhammad Afzal Zullah and Saad Saood Jan

Authored byMuhammad Afzal Zullah

ResultPetition dismissed

ORDER

MUHAMMAD AFZAL ZULLAH, J.‑‑ A tenant has sought leave to appeal in a rent restriction matter against a judgment of a Lahore High Court; whereby his Constitutional petition was dismissed.

2. The respondents‑side had earlier succeeded in obtaining eviction orders against the petitioner. The present proceedings have arisen out of the petitioner's effort to seek restoration of possession under section 13(4) of R.R. Ordinance which has been declined on a finding of fact that the eviction of the petitioner was on account of an agreement between the parties and not as a result of Court adjudication.

3. The learned counsel has contender that the alleged agreement was not accepted and owned by the petitioner. However, it the findings in the fact rendered by the Court. below against the petitioner is behalf are not set aside by this Court for reasons stated in the petition, he would have no case to pursue any further.

4. After hearing the learned counsel, we do not find any justification to interfere with the findings of fact rendered against the petitioner. Leave to appeal is, therefore, refused and the petition is dismissed.

M.B.A./R‑54/S Petition dismissed.