Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--S. 13(2)(iv)---Constitution of Pakistan (1973), Art.185(3)--- Petitioner raised ground of non-framing of certain issues by Rent Controller before High Court, but thereafter he entered info compromise before High Court which disposed of appeal in terms of such compromise---Petitioner in circumstances, could not legitimately assail order of High Court by raising same ground of non-framing of said issues by Rent Controller at later stage before Supreme Court---Leave to appeal was refused. ORDER ABDUL HAFEEZ NIEMON, J.--This petition is directed against the consent order, dated 9-5-19'Nl, passed by the High Court of Balochistan in Appeal No.12 of 1990, whereby the learned Judge dismissed the appeal as not pressed on the basis of such statement made by the appellants therein (respondents 5 to 9 in this petition). The relevant facts arc that after the death of her husband Muhammad Akbar, respondent No.1 Mst. Bibi Khorjan and her daughters respondents 2, 3 and 4 became the owners and land-ladies of the shop bearing Municipal No.1-13/1, situated at Sooraj Ganj Bazar, Quetta, of which petitioner Salahuddin was the tenant. Besides the said shop occupied by the petitioner, respondents land-ladies owned other adjacent properties including shops which were all constructed after the great earthquake of 1935 and were in dilapidated condition. The respondents-land-ladies in order to make improvements of their properties, therefore, wanted to demolish tile shop in occupation of the petitioner and other adjacent properties and construct a hotel thereon providing for store on the ground floor, restaurant on the first floor and residential rooms on the second floor and got such a plan for constructing the hotel approved from the Quetta Municipal Corporation and also obtained a permit therefor. The landladies respondents 1 to 4, accordingly, riled an application seeking eviction of the petitioner Salahuddin and respondents 5 to 9 herein who were occupying Khokhas beside the said Shop No.1-13/1, which were alleged to be a part of the main shop but were unauthorisedly sublet to the said respondents without the consent of…

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