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Civil Petition for Special Leave to Appeal No. 1012 of 1981, decided on 1st November, 1981.
(On appeal from the judgment and order of the Lahore High. Court, dated 23‑9‑1981, in W. P. 2988 of 1981).
-----S. 13‑Ejectment‑.Case concluded by factual finding regarding tenant's default in payment of rent and personal requirement of landlord‑No violation of law in matter of appreciation of evidence by Courts below pointed out ‑ Held, case not fit for interference by Supreme Court.
Jari Ullah Khan, Advocate Supreme Court and Sh. Abdul Karim, Advocate‑on‑Record for Petitioner.
Nemo for Respondents.
Date of hearing : 1st November, 1981.
‑The petitioner was directed to be evicted from the property in dispute by the learned Rent Controller vide his order dated 12‑11‑1980.
2. The petitioner filed an appeal which also met the same fate and was dismissed by the learned Additional District Judge on 25‑4‑1981.
3. The petitioner then filed a constitutional petition being W. P. 2988/81 which was dismissed by the High Court on 23‑9‑1981.
4. The petitioner has now come up in a petition for special leave to appeal against the aforesaid orders to this Court.
5. We have heard the learned counsel and gone through the record. We must say that the case is concluded by factual finding regarding the default on the part of the petitioner in the payment of rent and the bona fide requirement of the landlord for personal use of, the property for his son. Learned counsel has not been able to point out any violation of law in the matter of appreciation of evidence by the Courts below, and in the circumstances we feel that this is not a fit case for grant of leave to appeal.
6. The result is that the petition is dismissed hereby. However learned counsel prayed for grant of one month's time to enable his client to vacate the property, whereafter, he undertook, that the petitioner would voluntarily surrender its possession to the landlord and will also continue paying rent. The petitioner is granted one month's time on the above conditions.
Petition dismissed.
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