Law:

Section:

Constitution of Pakistan (l973)---Art. 185 (3)-West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13-Concurrent finding of fact by Courts below.-High Court from material on record, under constitutional jurisdiction also finding that petitioner who admittedly was tenant was trying to perpetuate occupation of property without paying rent to any landlord-Finding of fact-Finding of fact recorded by tribunal having exclusive jurisdiction in matter suffering from no legal error-Supreme Court cannot reappraise such material-Supreme Court satisfied that High Court in refusing interference in constitutional jurisdiction with such finding proceeded on correct principles of law and equity-Leave to appeal refused.-[Finding of fact]. Abdul Majid Sheikh, Advocate Supreme Court and Tanvir Ahmed, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 18th January, 1984. ORDER SHAFIUR RAHMAN, J.-The petitioner, a tenant, seeks leave to appeal against the judgment of the Lahore High Court dated 6-11-1983 whereby a constitutional petition filed by him against the ejectment order passed by the Rent Controller and affirmed in appeal by the Additional District Judge was dismissed. Mahmood Khan, the predecessor-in-interest of respondent No. 1 was transferred a portion of Nehal Singh building. His heirs and successors-in-interest instituted an eviction application against the petitioner but failed before the Rent Controller on 15-9-1970 on the ground that the portion transferred to them could not be identified from the joint transfer made in favour of a number of persons. They were directed to take their claim to civil Court and get it settled there first. An appeal filed against this order was dismissed in default and its restoration was refused. In August, 1978 Muhammad Jahangir Khan, respondent No. 1, by a registered deed purchased the portion earlier transferred to Mahmood Khan and claimed to have served a notice under section 13-A of the Rent Restriction Ordinance on the petitioner. On his refusal to pay rent or to acknowledge him as transferee of the portion in his occupation be filed an ejectment application which was dismissed by the Rent…

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