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Civil Petition No. 24‑P of 1984, decided on 2nd May, 1984.
(On appeal from the judgment, dated 25‑10‑1983 of the Peshawar High Court in Writ Petition No. 505 of 1978).
‑‑ Art. 185(3)‑West Pakistan Urban Rent Restriction Ordinance (VI of 1959), Ss. 13 & 15‑Ejectment on ground of reconstruction of disputed shop‑Order of Rent Controller, as upheld by District Judge dismissing ejectment application of respondent landlady dismissed by High Court holding that petitioner‑tenant was liable to be ejected‑No case for interference with impugned order found‑Leave to appeal refused.
M. Sardar Khan, Advocate Supreme Court and M. Qasim Imam, Advocate‑on‑Record for Petitioners.
Qazi Muhammad Jamil, Advocate Supreme Court and Jan Muhammad Jan, Advocate‑on‑Record for Respondents.
Date of hearing : 2nd May, 1984.
.‑The learned Chief Justice, by his order dated 5‑10‑1983, set aside the order of the Rent Controller, as upheld by the learned District Judge, dismissing the ejectment petition filed by respondent No for eviction of her tenants (petitioners herein) the shop in dispute A that they were liable to be ejected.
The learned Civil Judge found that the two functionaries, who had dealt with the ejectment petition earlier, had erred in law in holding that the respondent‑landlady was not entitled to get the tenants evicted on the ground of reconstruction, although she had, alongwith the eviction application, produced a site plan from the Cantonment Board for reconstruction of the demised shop and there was nothing in the evidence on the record to show that this was done merely as a contrivance on her part, to dislodge the tenants from the demised shop.
After having heard learned counsel for the parties, we do not consider that any case for interference is called for in the order impugned before us, in the facts and circumstances of this case.
This petition, therefore, fails and is dismissed hereby.
S. Q. Petition dismissed.
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