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Civil Petition No. 559‑K of 1985, decided on 2nd March, 1986.

‑‑‑Art. 185(3)‑‑West Pakistan Urban Rent Restriction Ordinance (VI of 1955), S.15‑‑Ejectment‑‑Rent Controller allowing ejectment application on being satisfied that tenant had sublet premises and landlady bona fide required same for personal use‑‑Order upset in appeal by High Court reversing finding of fact‑‑Leave to appeal granted to examine whether appreciation of evidence made by High Court was in consonance with principles laid down by Supreme Court.

Faizanul Haq, Advocate‑on‑Record for Petitioner.

Nemo for Respondents.

Date of hearing: 2nd March, 1986.

This is a petition for leave to appeal from the judgment of a 'learned Judge of Sind High Court, dated 7‑10‑1985 by which an appeal of the first respondent herein was allowed with the result that order of ejectment passed by the Rent Controller against him was set aside.

The Rent Controller passed the order of ejectment on being satisfied from the evidence produced before him that the respondent had sublet the premises and the petitioner‑landlady also bona fide, required the premises for her personal use. Learned Judge, however, on appeal reversed the finding of fact and in result dismissed petitioner's application.

After having heard the learned counsel for the petitioner in the light of the record before us we find force in the submission made by him the appreciation of evidence made by the learned Judge in the High Court is not in consonance with the principles laid down by this Court. We, therefore, grant leave and allow the petition. Security Rs.500.

The appeal will be heard on the present record at an early date. It is, however, open to the parties to file additional documents, if any

M.I. Leave granted.

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