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Civil Petition for Leave to Appeal No. K‑304 of 1983, decided on 4th December, 1983.

(On appeal from the judgment and order of the Sind High Court dated 22nd May, 1983 in F. R. A. 43/1983).

---Art. 185‑Sind Rented Premises Ordinance (XVII of 1979), S. 15 Ejectment for personal bona fide need of landlord‑Concurrent findings of fact on question of bona fide requirement‑‑Judgment of High Court based on appreciation of evidence available on record duly examined‑ Findings of High Court or lower Courts not giving rise to any question of law‑‑Such findings unexceptionable, leave to appeal refused.

Faizanul Haq, Advocate‑on‑Record for Petitioner.

Nemo for Respondents.

Date of hearing : 4th December, 1983.

This petition has been brought seeking leave to appeal from the judgment of the High Court of Sind dated 22‑5‑1983 whereby the First Rent Appeal of the petitioner was dismissed.

The respondent Haji Umar Ahmed, since deceased, landlord of the disput ed shop premises filed an application for the ejectment of the petitioner on the ground that he required the premises in good faith for his own occupation and for his children and grandchildren and infringement of the terms of tenancy. The application was duly contested by the petitioners and was allowed by the learned Rent Controller on the ground of personal and bona fide requirement. The order of the learned Rent Controller was challenged in First Rent Appeal by the petitioner which was dismissed as per impugned judgment.

We have gone through the judgment of the learned High Court which is based on appreciation of evidence available on the record which was duly examined. There are concurrent findings of facts on the question of bona fide requirement and such findings do not give rise to any question of law and are unexceptionable. The petition has no merits and is dismissed accordingly .

M Z M petition dismissed.

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