Pakistan Case Law← Search
1989 CLC 170

Mst. RAFIA KHANUM vs ADDITIONAL DISTRICT JUDGE And OTHER

Citation1989 CLC 170
CourtLahore High Court
Case No.Writ Petition No.1006 of 1988
Date1988-04-12
Judge(s)Raja Afrasiab Khan
ResultPetition dismissed

The petitioner, Mst. Rafia Khanum, has moved this Constitutional petition praying therein that the orders dated 11-7-1987 (Annexure 'D') and 11-12-1988 (Annexure 'F') passed by the respondents No.2 and 1 respectively may be declared without lawful authority and of no legal consequence.

2. The case in brief is that the petitioner moved an ejectment application before the learned Rent Controller who vide his order dated 11-7-1987 dismissed the same. The petitioner went in appeal which was heard and dismissed by the learned Additional District Judge, Okara, on 11-2-1988.

3. Learned counsel for the petitioner contended that there was an issue regarding his bona fide requirement which stood proved beyond doubt by cogent and authentic evidence. Learned counsel stated that in view of the overwhelming evidence produced by the petitioner, there was no alternative left with the learned Rent Control--ler but to have decided the matter in his favour.

Learned counsel for the respondent submitted that this is a finding of fact arrived at by the learned Rent Controller as ;well as by the learned Additional District Judge. This being so, the writ petition is not competent.

4.I have heard the learned counsel for the parties and have perused the record. The eviction petition was dismissed by the learned Rent Controller after considering the entire evidence of the parties. Similarly, the finding of fact arrived at by the learned Rent Controller Okara dated 11-7-1987 was duly affirmed by the learned Additional District Judge on 11-2-1988 after hearing the parties.

Learned counsel for the petitioner was unable to point out any legal infirmity much less the jurisdictional defects in the impugned judgments of the learned Rent Controller and the learned Additional District Judge. I have A myself seen the evidence produced by the parties. In my view, the petitioner has wholly failed to produce trustworthy evidence to prove the issues framed in the case. The concurrent finding of fact arrived at by the two Courts below is based on evidence and law on the subject. The writ petition is misconceived in law. Accordingly, the petition being devoid of force is dismissed leaving the parties to bear their own costs.

For educational and research use only β€” not legal advice. Verify against the official report before relying on it. See our Disclaimer.
DisclaimerΒ·PrivacyΒ·TermsΒ·Search