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Civil Petition No. 1570 of 1980, decided on 12th January 1981.
(On appeal from the judgment dated 17‑12‑80 of the Lahore High Court in Writ Petition No. 11999 of 1980).
--Art. 185(3)‑Leave to appeal‑High Court holding judgment of lower Court not such as could be said to have been passed without lawful authority or as being contrary to law‑High Court's order, held, suffered from no irregularity‑Petition for leave to appeal dismissed.
Muhammad Sadiq, Advocate Supreme Court and Tanvir Ahmad, Advocate on‑Record for Petitioner.
Nemo for Respondents.
Date of hearing : 12th January, 1981.
This petition is directed against the order dated 17‑12‑1980 passed by a learned Single Judge of the Lahore High Court in Writ Petition No. 11999 of 1980.
The petitioner is a tenant in a house situate in Multan City. Respondent No. 1, who is the owner of the said house, filed an application under section 13 of the Rent Restriction Ordinance for her ejectment on the ground that she needed the premises for personal occupation and that the petitioner had com mitted default in payment of rent and had also damaged the property. The Rent Controller dismissed application vide order dated 24‑11‑1979. The respondent No. 1 preferred an appeal against the said order which was accepted by the learned Additional District Judge, Multan vide his order dated 25‑11‑1980, who reversed the findings of the Rent Controller and ordered the eviction of the petitioner.
Aggrieved by the said judgment and order, the petitioner moved the Lahore High Court in its constitutional jurisdiction but the learned Judge in the High Court, after considering the matter at considerable length, dismissed the said petition by his order dated 17‑12‑1980 in limine.
We have heard the learned counsel for the petitioner and find no irregularity in the order of the High Court holding that the judgment of the Additional District Judge, Multan could not be held to have been passed without lawful authority or was contrary to law.
There is, therefore, no force in this petition which is dismissed hereby The petitioner, however, is granted three months' time to vacate the premises, subject to payment of the monthly rent in accordance with .law and on her undertaking that she will voluntarily surrender the house on the expiry of the aforesaid period.
Petition dismissed.
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