Law:

Section:

(a) Constitution of Pakistan (1973)-------Art. 185---Appellate jurisdiction of Supreme Court---Finding of fact---­Interference---Scope---No finding of fact is to be scrutinized by Supreme Court in absence of any misreading or non-consideration of any material piece of evidence on record. (b) Sindh Rented Premises Ordinance (XVII of (1979)--S. 15---Ejectment of tenant---Default in payment of monthly rent--­Remitting of rent through money order after due period---Concurrent findings of both the Courts below---Contention by tenant was that rent was paid to landlord who did not issue any receipt--Validity---Both the Courts below did not believe the assertion of the tenants that no receipts were issued in acknowledgement of payment of rent---Such question could not be examined by Supreme Court in appeal---No evidence was available on record to the effect that the rent was paid by the tenants for disputed period--­Money orders on record, through which rent was allegedly remitted were also of no avail to the tenants as the same were tendered after default was committed---No case for interference with the of High Court was made out. Ghimuddin Mirza, Advocate-on-Record for Petitioners. Nemo for Respondent. Date of hearing: 22nd December, 1999, JUDGMENT SAIDUZZAMAN SIDDIQUI, C.J.---The respondent brought application for eviction of petitioners in respect of the property bearing City Survey No. G-3748, Qalandari Muhallah, Par Phuleli Paretabad, Hyderabad against the petitioners alleging default in payment of rent from 1992 till filing of the application which was filed in the month of April, 1995. The second allegation on which application was filed, was that the petitioner No.1 had sublet the shop unauthorisedly to petitioners Nos. 2 and 3. Both the issues were decided by the Rent Controller against the petitioners and findings have been upheld in appeal by a learned Single Judge of the High Court of Sindh. The finding on these issues is one of facts and two Courts below have concurrently held against the petitioners. The finding of…

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