BASHIR AHMAD Versus ABDUL WAHID

ORDER

MUHAMMAD AFZAL ZULLAH, J.‑‑ This is tenant's petition for leave to appeal in a rent restriction matter from the judgment of the Lahore High Court, whereby his constitutional petition against orders of his eviction was dismissed.

2. The petitioner has failed throughout on question of fact. The learned counsel admits that in case the finding of fact regarding the disputed document the rent note that it was thumb‑marked by the petitioner is not set aside by this Court, he will have no case. Further he has prayed that in case this petition is dismissed for the reason that no justification is found for interference with the finding of fact against the petitioner by the learned Courts below, then the petition may be dismissed but without prejudice to the petitioner's right to pursue other remedy for establishing that the thumb‑mark in question was not affixed by the petitioner.

3. After hearing the learned counsel, we do not find any justification for interference with the findings of fact reached by the learned Courts below. This petition is, accordingly, dismissed.

4. Regarding observation sought by the learned counsel, it needs to be stated that after affording further opportunity to the learned counsel to place material before the Court in this behalf, and after going through the entire material relied upon from the petitioner's side, we feel satisfied that there is no substance in the claim of the petitioner in so far as the facts and merits thereof are concerned. Any observation made in his favour for pursuing other remedies would prolong the agony of the parties unnecessarily. He has had enough opportunity of establishing the bona fides of his claim which has even now gone through the test by this Court. The matter should now end. We, therefore, decline to make the observation sough by the learned counsel. With these remarks, as already ordered, this petition stands dismissed.

M . Y . H . I B‑701 S Petition dismissed.