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1980 SCMR 931

NAZIR AHMAD ETC. vs RIAZUL HAQ AND OTHERS

Petitioner: NAZIR AHMAD ETC. VS Respondent: RIAZUL HAQ AND OTHERS

Court: Supreme Court of Pakistan Decision Date: 1980-02-10

Full Judgment Text & Judicial Ruling

Court Name: Supreme Court of Pakistan Judge(s): Nasim Hasan Shah, Karam Elahi Chauhan Title: NAZIR AHMAD ETC. vs RIAZUL HAQ AND OTHERS Case No.: Civil Petition for Special Leave to Appeal No, 467 of 1977 Date of Judgment:1980-02-10 Reported As: 1980 SCMR 931 Result: Petition dismissed

Judgment ORDER ' KARAM ELAHEE CHAUHAN, J.--The petitioners/tenants have come up in a petition for special leave to appeal against the order of the High Court dated 28-6-1977, dismissing their second appeal being S.A.O. No, 281/77 and maintaining the order of the learned Additional District Judge dated 24- 3-1977, by which he had accepted the appeal of the landlords against, the order of the learned Rent Controller dated 12-2-1976, and had ordered the eviction of the petitioners from the shop in dispute on the ground that the same was needed by the landlords/respondents for their personal use/requirement. 2. The only ground urged by the learned counsel was that on the facts and in the peculiar circumstances of this case, the finding of "requirement for personal use" as recorded by the two Courts below is not correct. The contention has no merit. The judgment of the High Court and the order of the learned Additional District Judge are well supported from the relevant record and the attending evidence mentioned therein. The question involved is essentially one of fact. Learned counsel was unable to point out any misreading or omission of any evidence of violation of any principle of law relevant in the context, warranting interference by this Court. 3. The result is that this petition has no merit and is dismissed. ' The petitioners, however, are given two months time to in vacate the property dispute, subject to continuous payment of rent in the meantime.

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