Law:

Section:

Constitution of Pakistan (1973)-----Art. 185(3)--West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S.13 (6)--Ejectment for failure to deposit rent--Findings of fact recorded by Rent Controller and first appellate authority--Held, not open to interference by High Court in constitutional jurisdiction and that constitutional petition was rightly dismissed--Leave to appeal refused--Provisional Constitution Order (1 of 1981), Art. 9. Bashir Ahmad Ansari, Advocate Supreme Court instructed by Ch. Akhtar Ali, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 14th April, 1984. ORDER SHAFIUR RAHMAN, J.-- The petitioner is a tenant under orders of ejectment. He seeks leave to appeal against the judgment of the Lahore High Court, dated 11th March, 1984 whereby a constitutional petition filed by him challenging the ejectment order passed by the Rent Controller and affirmed in appeal by the District Judge was dis­missed in limine. House No. I1641, Teli Mohallah, Rawalpindi, was transferred to one Abdul Ghafoor under Displaced Persons (Compensation & Rehabilita­tion) Act, 1958. He died and among others Abdul Shakoor inherited. It was then sold to the respondent by a registered deed, dated 22nd August, 1978. The respondent served a notice under section 13-A of the West Pakistan Urban Rent Restriction Ordinance, 1959 on the peti­tioner who as it appears declined to receive it. He thereupon on the 7th of January, 1979 filed an ejectment application against the petitioner on the ground of default in the payment of rent and on account of personal need. The petitioner at first denied the title and interest of the respondent and disputed his claim to be the landlord of the property. A preliminary issue was framed and it was decided on the 23rd of June, 1980 whereby such a relationship was held established. Thereafter, issues on merits were framed and were decided in favour of the respon­dent whereupon the Rent Controller passed an ejectment order on 4th May, 1981. The appellate Court maintained the order of ejectment only on one ground, namely, of default and not on personal need. The petitioner invoked the constitutional jurisdiction of the…

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