' On 4th February, 1977 Muhammad Sharif respondent No, 3 moved application against Nisar Ahmad, Mehr Din and Muhammad Sharif, the petitioners for their ejectment from shop No, 169/170 situated in Ward No, 7 Alipur. The application was resisted whereon 5 issues were framed. The trial Court accepted the application and directed the ejectment of the petitioner. The appeal filed by the petitioner also failed on 22nd December, 1981 hence this writ petition.
2. Before me the learned counsel for the petitioners has challenged the findings of the Court below on issue No,
1. Alone. The issue is as under :- "Whether the relationship of landlord and tenants exists between the parties ? O.P.P.
' Learned counsel for the petitioners submits that since Nisar Ahmad one of the petitioners had become co-sharer through registered will, dated 8th January, 1977 executed by Mst. Ramzanan alias Janan one of the widows of late Faqir Muhammad, a co-sharer, therefore, the relationship of landlord and tenants did not exist between the parties and that being the position, the Rent Controller had no jurisdiction to entertain application for the ejectment and pass the impugned order.
' On the other hand, the learned counsel for the respondents has supported the impugned orders.
3. I have considered the arguments advanced by the learned counsel with care. I find that issue No, 1 is an issue of fact. Both the Courts have concurrently found that the relationship of landlord and tenants did exist between the parties and have given sound and cogent reasons in support of the conclusions arrived at by them. Both the Courts have concurrently found that Nisar Ahmad petitioner had not become a co-sharer through will deed allegedly executed by Mst. Ramzanan in his favour. The learned counsel has failed to point out any misreading/non-reading by the Courts below. I find that the relevant provisions of law have not been flouted. It is not a fit case for interference in writ jurisdiction. The petition is, therefore, dismissed leaving the parties, to bear their own costs.