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KHUDA BUX versus GHULAM NABI


Article 4 (185 ()) of the Sindh Tenant Limitation Ordinance (XVII of 1979 VII), finding of facts 15 and 21, reached through two courts that the applicants were negligent in the payment of rent and thus withdrew under the law. Responsible, denied unauthorized leave

1986 S C M R 1642 (1)

Present: Abdul Qadir Shaikh and Zaffar Hussain Mirza, JJ

KHUDA BUX and others‑‑Petitioners

versus

GHULAM NABI through Legal Representatives‑‑Respondent

Civil Petition for Leave to Appeal No. 26‑K of 1986, decided on 2nd June, 1986.

(On appeal from the judgment and order of the Sind High Court, Sukkur, dated 10‑11‑1985 in F.R.A. No. 9 of 1984).

Constitution oaf Pakistan (1973)‑‑

‑‑‑Art. 185(3)‑‑Sind Rented Premises Ordinance (XVII of 1979), Ss.15 & 21‑‑Findings of facts, reached by two Courts below that petitioners were defaulters in payment of rent and thus incurred liability of ejectment under law, unexceptionable‑‑Leave refused.

Maqbool Ahmad Khan, Advocate Supreme Court and A. Aziz Dastgir, Advocate‑on‑Record for Petitioners.

Nemo for Respondents.

Date of hearing: 2nd June, 1986.

ORDER

ABDUL KADIR SHAIKH, J.‑‑

This is a petition for leave to appeal from the judgment of a learned Judge of Sind High Court, dated 10‑11‑1985 dismissing an appeal filed by the petitioners and thereby upholding the order passed by the Rent Controller directing petitioners' eviction from the demised premises on the ground that they were defaulters in payment of rent.

After having heard the learned counsel in support of the petition we find that no exception in law can be taken against the findings of the facts reached by the two Courts below that the petitioners were defaulters in payment of rent and thus incurred the liability of ejectment under the law.

The petition has no merit and is accordingly dismissed.

M . Y . H . Petition dismissed.

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