ABDULLAH BHAI vs ADAM ALI JIWAJEE CHARITABLE TRUST
This petition is directed against a judgment of the High Court of Sind at Karachi which dismissed the tenant's second appeal and maintained the concurrent findings of the two lower courts ordering his ejectment on the ground of default in payment of rent. The core legal question was whether the concurrent findings regarding default in rent warranted interference in second appeal. The Supreme Court of Pakistan held that the petitioner failed to point out any error of law in the impugned judgment, thereby upholding the concurrent findings and dismissing the petition for leave to appeal. However, considering the circumstances, the Court granted the petitioner a period of four months to vacate the premises and make alternate arrangements, subject to the continued payment of monthly rent.
- Whether concurrent findings of lower courts on default in payment of rent can be interfered with in second appeal without showing an error of law?
- Can the Supreme Court grant a grace period to a tenant for vacating premises subject to the payment of monthly rent?
ORDER
' NASIM HASAN SHAH, J.-This petition is directed against the judgment dated 13-12-1982 passed by a learned Single Judge of the High Court of Sind at Karachi, whereby the IInd Appeal filed by the tenant petitioner herein to challenge the concurrent findings of the two Courts below ordering his ejectment on the ground of default in payment of rent was dismissed.
2. We have heard the learned counsel for the petitioner at great length] but he has not been able to point out any error of law in the judgment impugned before us and, therefore, we find no ground for interfering with' the impugned judgment. This petition must, therefore, fail and is dismissed hereby.
3. However, we consider it appropriate in the facts and circumstances of this case to grant a period of four months to the petitioner to make alternate arrangements for his residence. Accordingly, the order of ejectment shall not be executed for a period of four months from today, provided the petitioner continues to pay the monthly rent.