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BHAGAN BIBI versus MUHAMMAD AKRAM


Arts 185 (3) and 199 written jurisdiction allowed for the appeal to be considered in exercise of leave whether the writ jurisdiction justified interfering with the factual findings recorded by the HC rent controller. Was or not and the first appellate court affirmed it

1986 S C M R 1180

Present: Nasim Hasan Shah and S.A. Nusrat, JJ

Mst. BHAGAN BIBI‑‑Petitioner

versus

MUHAMMAD AKRAM and others‑‑Respondents

Civil Petition No. 1234 of 1984, decided on 12th November,1985.

(On appeal from the judgment and order of the Lahore High Court at Lahore, dated 20‑10‑1984 passed in Constitutional Petition No. 2388 of 1984).

Constitution of Pakistan (1973)‑‑

‑‑‑Arts. 185(3) & 199‑‑Writ jurisdiction, exercise of‑‑Leave to appeal granted to consider whether High Court in writ jurisdiction was justified in interfering with concurrent findings of fact recorded by Rent Controller and confirmed by First Appellate Court.

G.A. Farid Khan, Advocate Supreme Court instructed by Rana Maqbool Ahmad Qadri, Advocate‑on‑Record for Petitioner.

Nemo for Respondents.

Date of hearing: 12th November, 1985.

ORDER

S.A. NUSRAT, J.‑‑

The contention requiring examination in this petition is whether the learned High Court was justified in interfering with the concurrent findings of fact recorded by the Rent Controller and confirmed by the First Appellate Court in the exercise of writ jurisdiction.

Leave is granted. Security Rs.1,000.

M. I. Leave granted.

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