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Civil Petition No. 1019 of 1980, decided on 12th August, 1984.

(From, the order of the Lahore High Court, dated 8-7-1980 passed in Writ Petition No. 7457 of 1980.

---Art. 185(3)--West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13--of tenant--Leave to appeal--Point though duly taken in memorandum of appeal and writ petition but not pressed either before appellate Court or High Court--Concurrent finding on other question of fact against petitioner--No case having be n made out, leave to appeal refused.

S.M. "Akhtar Mir, Advocate Supreme Court instructed by Muhammad Aslam Chaudhry, Advocates-on-Record for Petitioner.

Nemo for Respondents.

Date of hearing: 12th August, 1984.

The petitioner is aggrieved by the dis missal of his writ petition by the Lahore High Court, filed to challenge an order of his ejectment passed by the Rent Controller, Gujranwala, and affirmed in first appeal by the Additional District Judge, Gujranwala.

2. The first submission is in regard to the closing of the petitioner's evidence by the Controller on 7-3-1979. It appears that the petitioner had nearly three years' time to produce his evidence and in spite of his undertaking to produce his witnesses at his own cost and risk had failed to do so. In any case, the point, though duly taken in the memorandum of appeal and the writ petition, does not appear to have been pressed either before the appellate Court or the High Court. The other submission is that there was no default in payment of rents for January and February 1974. There being a concurrent finding against the petitioner on this question of fact, the High Court was justified in declining to interfere with the same. No case is thus made out for grant of leave. The petition is dismissed.

M . Z . M . Petition dismissed.

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