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Civil Petition No. K‑233 of 1984, decided on 25th September, 1984.

(On appeal from the judgment and order of the Sind High Court at Karachi, dated 11‑3‑1984 passed in First Rent appeal No. 179 of ‑1982).

‑‑Art. 185(3)‑‑Sind Rented Premises Ordinance (XVII of 1979), S.21‑ Appeal‑‑Appeal against ejectment order not pressed on merits Petitioner obtained six months' time to vacate premises and subsequently filed petition for leave to appeal challenging dismissal of hi, appeal by High Court‑‑Held: Petitioner had no right to challenge High Court's order on merits‑‑‑Petition dismissed as frivolous filed only to gain time.

Faizanul Haq, Advocate‑on‑Record for Petitioner. M.S. Ghaury, Advocate‑on‑Record for Respondent.

Date of hearing: 25th September, 1984.

This petition is directed against the order of the Sind High Court, dated 11‑3‑19134 dismissing the petitioner's appeal in a rent matter.

The petitioner was ordered to be evicted from the premises in question by the orders of the Rent Controller, Karachi, dated 16‑1‑1982. Feeling aggrieved he went up to the High Court in appeal against the said order. But before the High Court he did not press the appeal and merely requested for further time to vacate the premises. He was, therefore, granted six months' time for that purpose. But he has now filed the present petition, challenging the dismissal of his appeal by the High Court.

After hearing the counsel and going through the record we feel that this is a frivolous application filed merely to gain more time. The petitioner had himself not contested the appeal on merits before the High Court. He has, therefore, no right to challenge the High Court orders on merits through a petition before this Court.

The petition is, therefore, dismissed.

M. I. Leave refused

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