TAJ DIN Versus SHAKOOR AHMAD

ORDER

MUHAMMAD AFZAL ZULLAH, J .‑‑A tenant` has through his Constitutional petition, called in question order of his eviction passed by the learned Rent Controller and affirmed in first and second appeals leave to appeal has now been sought from judgment dated 25‑5‑1985 of the Lahore High Court; whereby his Second Appeal against the order of his eviction was dismissed.

2. The findings of fact by all the learned Courts below are against the petitioner. No justification has been made out for interference by this Court. Further the learned counsel for the petitioner states that, no stay order having been passed by this Court, he is unable to controvert the position that the petitioner would have already been evicted. He, accordingly, made a prayer that, while dismissing this petition, it should be observed that the order of this Court shall not prejudice the partition suit pending before the lower Court. The request is reasonable. This petition is dismissed without prejudice to the partition suit pending before the lower Court; subject to the condition that if the petitioner has not already vacated the premises, the said proceedings shall not continue without his vacating the premises.

M. B. A./T‑24/S Petition dismissed.