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KALEY KHAN versus ZAITOON BEGUM


Article 6 (185 ()) of the appeal ends the case after finding out the fact. Not suitable for special leave to appeal
1982 S C M R 363

Present: Karam Elahee Chauhan and Muhammad Afzal Zullah, JJ

KALEY KHAN‑Petitioner

versus

Mst. ZAITOON BEGUM‑Respondent

Civil Petition for Special Leave to Appeal No. 615 of 1980, decided on 19th October, 1980.

(On appeal from the judgment and order of the Lahore High Court, dated 16‑4‑1980 in S. A. O. No. 247 of 1980).

Constitution of Pakistan (1973)‑

Art. 185(3)‑Leave to appeal‑Case concluded by finding of fact‑‑ Not fit for grant of special leave to appeal.‑[Finding of fact].

Sardar Latif Khosa, Advocate Supreme Court and Iqbal Ahmad Qureshi, Advocate‑on‑Record for Petitioner.

Nemo for Respondent.

Date of hearing : 19th October, 1980.

ORDER

KARAM ELAHEE CHAUHAN, J.

‑This a petition by Kaley Khan tenant who was ordered by the learned Rent Controller to be evicted from the property in dispute on the ground of default in the payment of rent and the personal need of the respondent landlady. The petitioner's first and second appeals were dismissed by the learned District Judge and the High Court on 6‑0‑1980 and 15‑4‑1980, respectively. The petitioner has come up in petition for special leave to appeal against the same to this Court.

2: As will be evident, the case is concluded by finding of fact and apparently is not fit for grant of special leave to appeal. When confronted with the situation' ‑the learned counsel tried to argue that certain receipts which had been produced by his client to show the payment of rent have her misread and not properly construed. However, when he took us through these receipts .it became evident‑that even these documents showed him as a defaulter in the payment of rent.

3. No other point was argued before us.

4. The result is that this petition has no merit and is dismissed.

Petition dismissed.

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