Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: MUHAMMAD IQBAL VS Respondent: MUHAMMAD BOOTAHonorable Justice Muhammad Afzal Zullah
1988 S C M R 1397
1988 S C M R 1397
Present: Muhammad Afzal Zullah and Saad Saood Jan. JJ,
MUHAMMAD IQBAL‑‑Petitioner
Versus
MUHAMMAD BOOTA and others Respondents
Civil Petition No.39 of 1988, decided on 28th May, 1988.
(Against the judgment and order of the Lahore High Court,, Lahore, dated 8‑12‑1987 in W.P. No.5463 of 1987)
West Pakistan Urban Rent Restriction Ordinance (VI of 1959)‑‑
‑‑‑S.I3‑‑Ejectment of tenant‑‑All the Courts below up to the High Court had rendered findings of fact against the tenant in so far as the ground for eviction was concerned‑‑Such findings did not suffer from any infirmity‑‑Interference declined by Supreme Court.
Ch. Mushtaq Ahmad Khan, Advocate Supreme Court and S Abul Asim Jafari. Advocate‑on‑Record for Petitioner.
Ch. Mehdi Khan Mehtab, Advocate‑on‑Record and Ch.' Hafeez Ahmad, Advocate Supreme Court for Respondent No.1.
Date of hearing: 28th May, 1988.
ORDER.
MUHAMMAD AFZAL ZULLAH, J.‑‑This is a petition by a tenant in a rent restriction matter He has called in question the dismissal of his writ petition by the High Court against orders of his eviction.
After hearing the learned counsel, we find that all the Courts below upto the High Court have rendered findings of fact against the petitioner in so far as the ground for eviction is concerned. The learned counsel has not been able to satisfy us that these finding of fact suffer from any infirmity, legal or otherwise. This petition accordingly is dismissed He and the learned counsel for the caveator have, however, agreed that the petitioner be allowed four months time to vacate the premises on the undertaking given and condition that he shall hand over vacant possession to the respondent's side before the expiry of four months without notice and without execution order. He shall also continue to pay rent.
We order accordingly.
M.B.A. /M‑480/S Order accordingly.