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Civil Petition for Special Leave to Appeal No., 578 of 1984, decided on 7th November 1984.

(Against the order of the Lahore High Court, Lahore, dated 10‑3‑1984, passed in Writ Petition No. 432 of 1981) .

‑‑‑Arts. 185(3) & 199‑‑West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S.15‑‑Constitutional petition assailing findings of fact and seeking re‑appraisal of evidence‑‑Despite petition being incompetent, whole matter discussed and decided on merits‑‑Leave to appeal refused by Supreme Court.

Abdur Rehman Bajwa's case P L D 1981 S C 522.

Muhammad Rafiq Khan Chohan, Advocate Supreme Court and Masood Akhtar, Advocate‑on‑Record (absent) for Petitioners.

M.A. Qureshi, Advocate‑on‑Record for Respondents Nos. 1 and 2.

Date of hearing: 7th November 1984.

.‑‑ Petitioners seek leave to appeal against the order of the learned Single Judge of the Lahore High Court dated 10‑3‑1984, dismissing his writ petition in a rent matter.

2. We have heard the petitioners' counsel and gone through the impugned judgment.

It is evident from the observations in paragraph 3 of the impugned judgment that before the High Court the petitioners' counsel had only urged that evidence in the case be reappraised and findings of fact on issues Nos. 5 and 6 be reversed. It is, therefore, obvious that in view of the observations by this Court in Abdur Rehman Bajwa's case PLD 1981 SC 522 the petition was incompetent. But even the learned High Court reconsidered the whole matter and dismissed the writ petition on merits.

In view of the above‑mentioned circumstances we do not consider it a fit case for interference by this Court. Leave is consequently refused.

M.I. Leave refused.

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