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Civil Petition for Special Leave to Appeal No.1207 of 1980, decided on 13th January, 1981.

(On appeal from the judgment and order of the Lahore High Court, dated 20‑5‑1980, in S A O 222 of 1980).

‑‑‑Art.185(3)‑‑West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S.13‑‑Ejectment‑‑Petitioner challenging ejectment on ground that he was not a tenant under landlord‑respondent‑‑Matter standing concluded by concurrent findings of fact by courts‑below‑‑No omission or misreading of evidence pointed out‑‑No justification found to reopen matter‑‑Petition dismissed.

Syed Abdus Salam, Advocate Supreme Court and Syed Wajid Hussain, Advocate‑on‑Record for Petitioner.

Nemo for Respondent.

Date of hearing: 13th January, 1981.

‑‑ On application of the respon dents/landlords, the learned Rent Controller directed the eviction of the petitioner/ tenant from the property in dispute. The petitioner filed an appeal and then a second appeal which were dismissed by the learned Additional District Judge on 17‑3‑1980 and the High Court on 20‑5‑1980 respectively. The petitioner has now come up in a petition for special leave to appeal to this Court.

2. The main plea of the defendant/ petitioner was that he was not the tenant under the respondents but there is a concurrent finding of, all the courts below against the petitioner which is well supported by cogent reasons and attending evidence on the subject. The matter is thus concluded by a finding of fact and there is no justification to reopen the same especially when the learned counsel has not been able to point out any omission or misreading of evidence.

3. The result is that this petition has no merit and is dismissed However, the petitioner, is given two month's time to vacate the property subject to payment of rent and voluntary surrender.

S . Q. Petition dismissed.

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