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Initializing Secure Chambers
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Petitioner: ABDUL RAHIM VS Respondent: MEHTAB AHMADHonorable Justice Muhammad Afzal Zullah
1988 S C M R 1402
1988 S C M R 1402
Present: Muhammad Afzal Zullah and Saad Saood Jan, JJ
ABDUL RAHIM‑‑Petitioner
versus
Mir MEHTAB AHMAD‑‑Respondent
Civil Petition No.250 of 1988, decided on 28th hay, 1988.
(Against the judgment and order of the Lahore High Court, Lahore, dated 30‑1‑1988 in W.P. No.4624 of 1987).
West Pakistan Urban Rent Restriction Ordinance (VI of 1959)‑‑
‑‑‑S.13‑‑Ejectment, ground for‑‑Eviction urged by landlord had been accepted as genuine‑‑Tenant made request for some time to vacate the shop‑‑Supreme Court, ordinarily without hearing the other side does not accept such a prayer, but tenant was heard on the issue and .it was observed by the Court that Executing Court and/or the landlord would allow reasonable time (about a month) to the tenant to vacate the shop subject to the undertaking/condition that he shall do so without notice or without execution order.
Ch. Mushtaq Ahmad Khan, Advocate Supreme Court and Abul Aasim Jafri, Advocate‑on‑Record. for Petitioner.
Nemo for Respondent.
Date of hearing: 28th May, 1988.
ORDER
MUHAMMAD AFZAL ZULLAH, J.‑‑This is leave to appeal petition filed by a ‑tenant in Rent Restriction matter. His Writ Petition against the orders of his eviction from a shop has been dismissed.
The ground of eviction urged from the respondent's side has been accepted as genuine.
After hearing the learned counsel, we have not been able to find any justification for interference with the findings of fact. The refusal of the High Court to grant relief in constitutional jurisdiction is unexceptionable. This petition is accordingly dismissed.
The learned counsel has made a request for some time to vacate the shop. Ordinarily, without hearing the other side, this Court does not accept such a prayer. However, hearing him on this point, we hope and expect that executing Court and/or the respondent landlord would allow reasonable time (about a month) to the petitioner to vacate the shop subject to the undertaking condition, that he shall) do so without notice or without execution order.
With the foregoing observation, leave to appeal is refused and the petition is dismissed.
M.B.A. /A‑249/S Petition dismissed.