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Civil Petition for Special Leave to Appeal No. 231 of 1983, decided on 12th March, 1983.
(On appeal from the judgment and order of the Lahore High Court, dated 29‑1‑1983, in S. A. O. No. 746 of 1978).
--Art. 185(3)‑West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13‑‑Jurisdiction of Rent Controller over industry‑‑Leave to appeal sought on ground that order of High Court not detailed enough to show that finding of fact recorded by two forums below that shop was merely an engine‑repair shop and not industry‑Scrutiny of relevant material by Supreme Court not showing case to be fit for re‑opening finding of fact that being unexceptionable‑‑Leave refused.
Muhammad Ismail Chaudhri, Senior Advocate Supreme Court and Sh. Abdul Karim, Advocate‑on‑Record for Petitioners.
Nemo for Respondents.
Date of hearing: 12th March, 1983.
‑Although the learned Judge in the High Court while dismissing tenants' appeal in the short order dated 29th January. 1983, remarked that reasons would be recorded separately, one reason was specifically mentioned, namely, that it is not established that the shop in question was an industry and was outside the purview of the Rent Restriction Ordinance.
Learned counsel has argued that the impugned order is not detailed enough to show that finding of fact recorded by the two forums below (that it was merely an engine‑repair shop), was upheld.
We with the help of the learned counsel, having scrutinized the relevant material ourselves, do not consider it a fit case for re‑opening the finding of fact, which is unexceptionable. Therefore, the questions that the building in dispute is not a shop and it is so‑called industry do not arise any more. That being so, it is not necessary to examine the question whether an industry (if it is in a building) would not be subject to the jurisdiction of a learned (tent Controller, as argued by the learned counsel in this case.
The petition is accordingly dismissed.
M. Z. M. Petition dismissed.
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