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Initializing Secure Chambers
Petitioner: Mirza MUHAMMAD HANIF BAIG VS Respondent: Raja ALI AKBAR and 3 others
Court Name: Supreme Court of Pakistan Judge(s): Saleem Akhter, Saad Saood Jan Title: Mirza MUHAMMAD HANIF BAIG vs Raja ALI AKBAR and 3 others Case No.: Civil Appeal for Special Leave to Appeal No, 370 of 1992 Date of Judgment:1993-03-02 Reported As: 1994 SCMR 1987 Result: Leave refused
Judgment ORDER ' SAAD SAOOD JAN, J.---The petitioner is a tenant in a house situate in Millat Colony, Rawalpindi. On the application of the landlords the Rent Controller has ordered his eviction on the ground that the house was required by the landlords for their personal use. The order of the Rent Controller has been upheld by the Additional District Judge after reappraisal of the evidence. The Constitution petition preferred by the petitioner Against the order of eviction has been dismissed by a learned Single Judge of the High Court. The petitioner seeks leave to appeal from this Court. 2. The question whether the house was required bona fide for their personal use by the landlords is one of fact. The Rent Controller, the Additional District Judge and the High Court examined the evidence led by the parties on this question and recorded a finding against the petitioner. The learned counsel appearing for him has not been able to make out any case for interference with the conclusion arrived at by the three forums. We therefore do not think that this is a fit case where leave to appeal should be granted. 3. With the consent of the attorney of the landlords the petitioner is given three months to vacate the house. This concession has been given to him on his explicit undertaking that on or before the expiry of the said period, that is, on or before 2-6-1993, he will voluntarily hand over the physical possession of the house to the landlords. 4. This petition is disposed of accordingly.