' HAMID ALI MIRZA,J.--- This civil petition for leave to appeal is directed against an order, dated 9- 12-2005 in Constitutional Petition No,139 of 2005 passed by learned Single Judge of the Sindh High Court at Karachi, whereby the said C.P. Was dismissed, hence this petition for leave to appeal.
2. Facts of the case need not be reiterated as the same have been stated in the memo. Of petition and the impugned judgment.
3. We have heard learned counsel for the petitioner. He in the first instance requested for grant of time but then he argued on merits contending that the petitioner has not committed any default in the payment of rent, therefore, impugned judgment of the learned Single Judge and two Courts below cannot be sustained.
4. We do not find merit and substance in the said contention.
5. The Rent Controller on perusal of evidence came to a correct finding that the petitioner was defaulter in the payment of rent at the rate of Rs,1,900 per month from the month of February, 1999 till April, 2000 which finding of fact was affirmed by the Additional District Judge, Karachi. The said finding of fact was challenged in C.P. No,139 of 2005 before the High Court of Sindh which too was dismissed as such A affirmed the concurrent findings of two Courts below. On concurrent findings of fact this Court being a constitutional Court cannot in its constitutional jurisdiction reappraise the evidence which was appraised by the two Courts below and affirmed by the High Court. No legal or factual infirmity has been pointed out, consequently no case for grant of leave to appeal is made out which is declined and the petition is dismissed.
6. However, by consent petitioner is granted two months period to vacate the premises subject to payment of arrears as well as future rent and utility charges to the respondent/landlord within one month and in failure thereof the petitioner would be liable to be evicted forthwith without notice in the execution proceedings with police aid if necessary.