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Civil Petition for Leave to Appeal No. 16‑K of 1986, decided on 4th June, 1986.
(On appeal from the judgment and order of the High Court of Sind, Karachi, dated 24‑10‑1985 in F.R.A. No. 1018 of 1982).
‑‑‑Art. 185(3)‑‑Sind Rented Premises Ordinance (XVII of 1979), S.21‑ Ejectment‑‑High Court on re‑appraisal of evidence reversing findings of Rent Controller since default in payment of rent was almost admitted‑ Order impugned‑‑Held: No exception could be taken to the view that has prevailed with High Court that petitioners were defaulters in payment of rent‑‑Petition being devoid of merits, dismissed.
Muhammad Ali Shaikh, Advocate Supreme Court and Faizanul Haq, Advocate‑on‑Record for Petitioners.
Khalilur Rehman Advocate‑on‑Record for Respondent.
Date of hearing: 4th June, 1986.
This is a petition for leave to appeal from the judgment of learned Single Judge of Sind High Court, dated 24‑10‑1985 whereby an appeal filed by the respondent‑landlord was allowed and as a result petitioners were directed to hand over vacant possession of the demised premises to the respondent. Learned Judge in the High Court on reappraisal of the evidence recorded in the case held that petitioners were defaulters in payment of rent to respondent landlord for the period from August, 1971 to August, 1973, and on this view of the case he reversed the finding of the Rent Controller in this regard set aside the order of the Rent Controller whereby respondent's application for petitioners eviction was dismissed.
After hearing the learned counsel for the petitioners in the light of record before us, we find that no exception can be taken in j view that has prevailed with the learned Judge in the High Court that petitioners were defaulters in payment of rent as stated above, this fact in the words of the learned Judge in the High Court "is almost admitted".
The petition has no merit, and is dismissed.
M. I. Petition dismissed.
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