1. ' JAVID IQBAL J.--This petition for leave to appeal is directed against the judgment of the Lahore High Court, Lahore dated 8th March, 1989 whereby writ petition of the petitioner was dismissed.
2. ' Briefly the facts are that respondent No,3 filed ejectment application against the petitioner from the disputed shop on the grounds of default in payment of rent as well as personal need for his son. The Rent Controller vide his order decided both the issues against the landlord respondent No, 3 and dismissed the ejectment petition. However, on appeal of respondent No,3, Additional District Judge holding the petitioner to be defaulter for one month i.e, July, 1986 and also setting aside the finding of the trial Court on the issue of personal need, reversed the trial Court's order. Thereafter the writ petition filed by the petitioner challenging the judgment of the Additional District Judge was dismissed as stated above. Hence the present petition.
3. Learned counsel attempted to argue that there has been misreading of evidence about the default in payment of rent by the petitioner and if the respondent landlord was not to be believed on that point, he should not have been relied upon also in respect of personal need for his son. We have heard learned counsel and also perused the impugned judgment. But we do not find any force in his arguments. On both the issues the findings of fact were recorded against the petitioner by the Appellate Court, and the High Court has upheld those findings of fact. It is therefore not a fit case for interference. As a result this petition is dismissed. The petitioner is given two months time from today to deliver peaceful, voluntary, and vacant possession of the disputed shop to respondent No,3 landlord without any execution or other proceedings as per undertaking given.