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Petitioner: ABDUL GHANI VS Respondent: Mst. ZUBAIDA BEGUM And Other
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, M. S. H. Qureshi Title: ABDUL GHANI vs Mst. ZUBAIDA BEGUM And Other Case No.:Civil Petition for Special Leave to Appeal No. 361 of 1982 Petition No. 7251 of
1980 Date of Judgment:1984-08-22 Reported As: 1985 SCMR 477 Result: Petition dismissed Judgment ORDER MUHAMMAD AFZAL ZULLAH, J.-- Leave to appeal has been sought from judgment, dated 22nd March 1983 of the Lahore High Court; whereby a Constitutional petition filed by a tenant, arising out of orders of his* ejectment on ground of default in payment of rent .And personal requirement of the respondent landlady, was dismissed. Although the learned Judge in the High Court dealt with the question of law whether or not a Constitutional writ petition would be a proper remedy in cases like the present one, he considered the case as one concluded by findings of fact. Learned counsel for the petitioner has tried to argue that the plea of misreading/non-reading of the record, has not been properly considered by the High Court. After hearing the learned counsel we do not find it a fit case for interference with the findings of fact. Refusal of the High Court to exercise its discretionary constitutional jurisdiction is unexceptionable, This petition accordingly is dismissed.