Law:

Section:

Constitution of Pakistan (1973)---Art. 185(3)-Leave to appeal-Contention that Rent Controller lone having found respondents/landlords requiring shop in dispute for reconstruction, High Court's finding as to both lower Courts having found so, incorrect and as such required interference-­District Judge having dismissed petitioner's appeal after discussing question of existence of relationship of landlord and tenant in view of agreement of sale between parties and after holding against petitioner on such point proceeding to dismiss appeal-Such facts, held, merely show petitioner having not pressed plea as to finding of Rent Controller in respect of bona fide requirement of shop for reconstruc­tion being unfounded-Same position appearing to have been reiterated before High Court--Order, nonetheless, held further, cannot be said to be vitiated on such account nor could it be said to have been passed without lawful authority. ORDER NASIM HASAN SHAH, J.-The petitioner was a tenant of a shop (in Attock City) which belongs to Sheikh Muhammad. Ashraf who died leaving behind respondents 1-8 herein as his heirs and legal representatives. The petitioner thereupon became their tenant. After the death of Sheikh Muhammad Ashraf the petitioner entered into an agreement of sale with one of the heirs of said Sheikh Muhammad Ashraf but as the latter were not going ahead to implement the aforesaid agreement he filed a suit for specific performance. According to him, as a counterblast, they filed an ejectment petition against him on the ground that they needed the shop for the purpose of reconstruc­tion. During the pendency of the petitioner's suit the Rent Controller decided the agreement application and upheld the plea of the respondents that they needed the shop bona fide for reconstruction and ordered his ejectment. The petitioner filed an appeal before the District Judge who was also of the view that the relationship of tenant and landlord existed between the parties despite the aforesaid suit and dismissed the appeal. The petitioner then filed a writ petition before the Lahore High Court (W. P. No. 7733/80) which was also dismissed by a learned Single Judge of the said Court…

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