Law:

Section:

(a) Constitution of Pakistan (1973)-----Arts. 185(3) & 199--West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13 (3) (a)(ii)--Ejectment application--Allowed in appeal-­Order impugned in constitutional petition but upheld--Leave to appeal-­Plea of misreading of evidence by High Court not entertained--Finding of fact conclusively determined by District Judge who constituted a statutory forum of exclusive jurisdiction, not review-able in constitutional jurisdiction of High Court--Leave to appeal refused. (b) Constitution of Pakistan (1973)-----Arts. 185(3)--West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13(3)(a)(ii)--Ejectment--Scheduled building--Personal need of landlord --Ejectment application allowed in appeal--Constitutional petition by tenant, a Tabeeb--Contention that premises was used as shop and residence and being a scheduled building he was not liable to be ejected on ground of personal need of landlord, repelled--No extra protection extended by law to tenant of such a building in matter of eviction on ground of personal use--Leave to appeal refused. Sh. Abdul Aziz, Advocate Supreme Court for Petitioner. Ghulam Dasstgir, Advocate-on-Record for Respondents. Date of hearing: 30th October, 1985. ORDER ZAFFAR HUSSAIN MIRZA, J.--This is the tenants petition seeking leave to appeal from the order of a learned Single Judge of the Lahore High Court, dated 7th October, 1985, dismissing his constitutional petition challenging an order of eviction passed against him. The premises in dispute consists of a shop and the respondent who is the landlord of the premises, contended before the Rent Controller that the petitioner had committed default in the payment of rent, had damaged the property in dispute impairing its value and that he required the building bona fide for the personal use and occupation of his son. The petitioner resisted and controverted the allegations made against him by the landlord. The learned Rent Controller, on the evidence led before him decided all the issues against the landlord and dismissed his application. Being aggrieved by this decision the landlord filed an appeal which was accepted by the learned…

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