1988 SCMR 1341

ABDUL WAHEED Versus MUHAMMAD ZAFAR

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Citation1988 SCMR 1341

CourtSupreme Court of Pakistan

Case No.Civil Petition for Special Leave to Appeal No.1064 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.‑ ‑This is a tenant's petition in a rent restriction matter calling in question his ejectment. His Writ Petition has been dismissed. Now he seeks leave to appeal. The controversy before the High Court was one of fact only, which has been resolved against the petitioner.

2. The learned counsel admits that the petitioner has already been evicted.

In the circumstances of this case, the controversy being one of fact already stands resolved by the learned Courts below we, therefore, do not find any justification for interference. The learned counsel for the petitioner states that the petitioner's claim for specific performance through a regular suit which is still pending, would be prejudice by the dismissal of this petition. It is observed that if the same is still pending in some Court, it shall not be prejudiced by this Order.

3. With the afore‑going observations, leave to appeal is refused and the petition is dismissed.

M.B.A./A‑234/S Petition dismissed.