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ABDULLAH BHAI versus ADAM ALI JIWAJEE CHARITABLE TRUST


Article 185 (3) of the West Pakistan Citizens Hire Restriction Ordinance (VI, 1959) was read out. The results did not face any law errors. Held, cannot be interrupted

1984S C M R 41

Present : Nasim Hasan Shah and Mian Burhanuddin Khan, JJ

ABDULLAH BHAI‑Petitioner

Versus

ADAM ALI JIWAJEE CHARITABLE TRUST‑Respondent

Civil Petition No. K‑235 of 1983, decided on 16th August, 1983.

(On appeal from the judgment dated 13‑12‑1982 of the High Court of Sind, Karachi in Second Appeal No. 407 of 1978).

Constitution of Pakistan (1973)‑

---Art. 185(3) read with West Pakistan Urban Rent Restriction Ordinance (VI of 1959), Ss. 13 & 15‑Ejectment proceedings‑High Court dismissing tenant's appeal challenging concurrent findings of two Courts below‑Judgment of High Court not suffering from any error of law‑Held, cannot be interfered with.

Ch. Iftakhar Ahmad, Advocate Supreme Court for Petitioner.

Nemo for Respondent.

Date of hearing : 16th August, 1983.

ORDER

NASIM HASAN SHAH, J.

‑This petition is directed against the judgment dated 13‑12‑1982 passed by a learned ,Single Judge of the High Court of Sind at Karachi, whereby the IInd Appeal filed by the tenant petitioner herein to challenge the concurrent findings of the two Courts below ordering his ejectment on the ground of default in payment of rent was dismissed.

2. We have heard the. Learned counsel for the petitioner at great length but he has not been able to point out any error of law in the judgment, impugned before us and; therefore, we find no ground for interfering with the impugned judgment. This petition must, therefore, fail and is dismissed hereby.

3. However, we consider it appropriate in the facts and circumstances of this case to grant a period of four months to the petitioner to make alternate arrangements for his residence. Accordingly, the order of ejectment shall not be executed for a period of four months from today, provided the petitioner continues to pay the monthly rent.

S.Q. Petition dismissed.

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