GHULAM MUHAMMAD and others vs AMIR NAWAB KHAN and others

This matter concerns a petition for leave to appeal against a judgment of the Peshawar High Court, which dismissed a constitutional petition in limine and affirmed an order passed by the District Judge, Malakand. The underlying dispute originated from an ex parte ejectment order issued by the Rent Controller, Malakand, against the petitioners. The petitioners challenged this order before the District Judge, who examined the merits and concluded that there was no justification to set aside the ex parte ejectment order, particularly noting that the appeal was time-barred and the delay remained unexplained. Upon review, the Supreme Court found that the petitioners failed to provide any effective arguments to warrant interference with the High Court's judgment. Consequently, the Court held that the case did not present a fit ground for granting leave to appeal. The judgment reinforces the principle that appellate courts will not interfere with concurrent findings of fact regarding procedural defaults, such as unexplained delays in filing appeals, absent a compelling legal justification.