MUHAMMAD RIAZ vs MUHAMMAD MAQSOOD AHMAD and others
This petition for leave to appeal arises out of a rent matter where the petitioner tenant challenged the dismissal of his constitutional petition by the High Court. The respondent landlord had sought eviction of the petitioner from a shop on the grounds of default in payment of rent and personal requirement. The Rent Controller ordered eviction on the ground of default, which decision was upheld by the appellate court and subsequently by the High Court in limine. The core legal question before the Supreme Court was whether any question of law warranted interference with the concurrent findings of the lower forums. The Supreme Court held that the petitioner failed to raise any substantial question of law or point out any flaw in the impugned judgment. Consequently, the petition was dismissed as without merit, while granting the tenant two months to vacate the premises upon the undertaking to hand over vacant possession and clear all outstanding rent.
- Whether concurrent findings of lower rent forums on the question of default warrant interference in constitutional jurisdiction?
- Can a tenant be granted time to vacate premises upon a voluntary undertaking given to the court?
ORDER
' ASLAM RIAZ HUSSAIN, J.-- This petition by Muhammad Riaz is directed against the dismissal of his writ petition by the High Court in a rent matter vide the impugned judgment dated 3-1-1984.
2. Muhammad Maqsood Ahmad respondent is owner of the shop known as 'Hazara Muslim Hotel' situated at Temple Road, Lahore, which was let out to Muhammad Riaz Petitioner. He (respondent/landlord) filed an application for ejectment of the said tenant from the said shop. The application was based on the grounds of 'default in payment of rent' and 'requirement for personal use'. After framing the issues and recording the evidence the learned Rent Controller ordered eviction of the petitioner by his order dated 19-4-1983 on the ground of default. He filed an appeal before the Additional District Judge which was dismissed on 27-7-1983. The petitioner then invoked the constitutional jurisdiction of the High Court but his writ petition was dismissed in limine.
' Still not being satisfied, he has come to this Court through the present petition for leave to appeal.
3. We have heard the learned counsel for the petitioner at length. He has not been able to urge any question of law requiring determination by this Court, nor has he been able to point out any flaw in the impugned judgment. The petition is, therefore, dismissed as being without merit.
4. We, however, give him 2 months time to vacate the shop in question on his promise to hand over the vacant possession of the said shop to Muhammad Maqsood Ahmad respondent/landlord, at the end of the above-said period i,e, on 10-3-1984, subject to payment of the rent for the said two months, which he is required to pay in lump sum, within 7 days from today.