Pakistan Case Law
1988 SCMR 1402

ABDUL RAHIM Versus MEHTAB AHMAD

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Citation1988 SCMR 1402
CourtSupreme Court of Pakistan
Case No.Civil Petition No.250 of 1988
Judge(s)Muhammad Afzal Zullah and Saad Saood Jan
Authored byMuhammad Afzal Zullah
ResultPetition dismissed

ORDER

1. MUHAMMAD AFZAL ZULLAH, J.‑‑ This is leave to appeal petition filed by a ‑tenant in Rent Restriction matter. His Writ Petition against the orders of his eviction from a shop has been dismissed.

2. The ground of eviction urged from the respondent's side has been accepted as genuine.

3. After hearing the learned counsel, we have not been able to find any justification for interference with the findings of fact. The refusal of the High Court to grant relief in constitutional jurisdiction is unexceptionable. This petition is accordingly dismissed.

4. The learned counsel has made a request for some time to vacate the shop. Ordinarily, without hearing the other side, this Court does not accept such a prayer. However, hearing him on this point, we hope and expect that executing Court and/or the respondent landlord would allow reasonable time (about a month) to the petitioner to vacate the shop subject to the undertaking condition, that he shall) do so without notice or without execution order.

5. With the foregoing observation, leave to appeal is refused and the petition is dismissed.

6. M.B.A. /A‑249/S Petition dismissed.

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