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DILLAWAR HUSSAIN SHAH versus RAZIA SULTANA


Article 2 (185 ()) of the Sindh Rated Premises Ordinance (1979), Section XVII), finding of the Section 21 High Court, calls for an interference argument in support of a request for verification of evidence from the root of the evidence in this case. Was not appealed, refused to appeal
1986 S C M R 1655

Present: Abdul Kadir Shaikh, S.A. Nusrat and Zaffar Hussain Mirza, JJ

DILLAWAR HUSSAIN SHAH‑‑Petitioner

versus

Mst. RAZIA SULTANA‑‑Respondent

Civil Petition for Leave to Appeal No. 118‑K of 1986, decided on 16th June, 1986.

(On appeal from the judgment and order of the High Court of Sind Karachi, dated 24‑11‑1985 in F.R.A. No. 1232/82).

Constitution oaf Pakistan (1973)‑‑

‑‑‑Art. 185(3)‑‑Sind Rented Premises Ordinance (XVII of 1979), S.21‑ Finding of High Court, rooted in evidence recorded in case, not calling for interference‑‑Argument in support of petition amounting to a request for reappraisal of evidence, held, could not be granted‑‑Leave to appeal refused.

Abul Khair, Advocate‑on‑Record for Petitioner.

Nemo for Respondent.

Date of hearing: 16th June, 1986.

ORDER

ABDUL KADIR SHAIKH, J.‑‑

This is a petition for leave to appeal from the judgment of Sind High Court, dated 24‑11‑1985 dismissing an appeal filed by the petitioner and thereby upholding order of the Rent Controller directing petitioner's eviction from the demised premises. Learned Rent Controller passed that order on being satisfied from the evidence recorded in the case that the respondent‑landlady required the premises for her personal use and the petitioner was also defaulter in payment of rent.

The arguments addressed by the learned counsel appearing in support of the petitioner rarely amount to a request for re‑appraisal. Of the evidence which obviously cannot be granted. Even otherwise, the findings of the High Court being rooted in the evidence recorded in the case do not call for interference by this Court. The petition is, therefore, dismissed.

M. Y. H. Petition dismissed.

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