AMANUL HAQ vs SAEED HUSS AIN BOKHARI And Other
This matter concerns a petition for leave to appeal filed by a tenant against an order of a learned Single Judge of the High Court, which had dismissed the petitioner's Second Appeal from Order (S.A.O.) in a rent matter. The respondents-landlords had previously initiated ejectment proceedings against the petitioner on the grounds of property reconstruction, which were successful before the Rent Controller and upheld through subsequent appellate stages. Before the Supreme Court, the petitioner challenged the eviction order solely on the contention that, based on the site plan submitted by the landlords, the specific room occupied by the petitioner would remain unaffected by the proposed reconstruction. Upon reviewing the site plan and examining the relevant evidence presented in the lower courts, the Supreme Court found no merit in the petitioner's argument. Consequently, the Court held that the concurrent findings regarding the necessity of reconstruction were sound and that the petitioner's specific objection regarding the site plan was factually unsubstantiated. The petition for leave to appeal was accordingly dismissed.
- Can a tenant challenge an eviction order on the ground that the proposed reconstruction does not affect their specific portion of the premises?
- Does the Supreme Court interfere with concurrent findings of fact in rent matters regarding reconstruction?
ORDER
ASLAM RIAZ HUSSAIN, J.-- Amanul Haq, petitioner seeks Leave to Appeal against the order of a learned Single Judge of the High Court, dated 13-2-1982, dismissing his S.A.O. In a rent matter.
2. The respondents-landlords filed an application for ejectment of the petitioner on the ground of re-construction which was allowed. His first and second appeals also failed.
Hence the present petition
3. The only contention urged by the petitioner is that according to the site plan submitted by the respondents-landlords, the room in his occupation would not be affected by the proposed re- construction.
We have studied the site plan, gone through the relevant portion of the evidence and heard the learned counsel for the petitioner, at some length, and are not inclined to agree with him.
The petition is, therefore, dismissed as being without any merit.