AISHA BIBI Versus ABDUL WAHAB

ORDER

1. MUHAMMAD AFZAL ZULLAH, J. ‑‑Petitioners, the tenants' side in an urban ejectment matter, seeks leave to appeal against an ejectment order (on ground of requirement), and the dismissal of their Writ Petition, in that behalf, by the High Court.

2. Learned counsel has reiterated the following points which were raised before the High Court:‑

3. "(1) That no issue was framed on preliminary objection No. 2.

(2) That no issue was framed regarding preliminary objection No.3.

(3) That burden of all the issues was on petitioners tenants, which has led to miscarriage of justice.

(4) That issue No.3 relating to the bona fide need of the landlord has not been properly determined".

4. A learned Judge in the High Court dealt with all the points and found the answers against the petitioners. We have also heard the learned counsel at some length in support of these points. Some relate to pure procedure regarding which the conduct of petitioner side highlighted by the High . Court, goes against them. Moreover admittedly the provisions of C . P. C . not being strictly applicable, no injustice has otherwise been done to the tenants side on account of the procedure adopted by the learned Rent Controller, in the circumstances of this case. Regarding the questions of personal need and the alleged repairs also, there is no justification for this Court to interfere; as the findings of fact are against the petitioners.' Leave to appeal, therefore, is refused.

5. M.I./A‑278/S Petition dismissed.