1. ' MUHAMMAD AFZAL ZULLAH, J.-- This petition is time barred and is accordingly liable to be dismissed as barred by time. However, we have heard A the learned counsel on merits also.
2. ' The petitioner/tenant has been ordered to be evicted on ground of default in payment of rent. His first rent appeal having been dismissed by the Controller he has sought leave to appeal.
3. ' Grievance of the petitioner is two-fold. One, that petitioner's evidence was closed by the learned Rent Controller without sufficient justification. Secondly, that the High Court also did not afford sufficient opportunity of hearing to the petitioner; and lastly, that the findings of fact against the petitioner on the basis of material placed by the parties on record, are erroneous.
4. We on having perused the order-sheet, the reasons for closing the petitioner's case and the observations of the High Court with regard to conduct of the case from the petitioner's side, are satisfied that he was afforded enough and fair opportunity of substantiating his pleas. On merits also we agree with the High Court that the petitioner was liable to be evicted on ground of default in payment of rent. It may be mentioned here that when asked whether the petitioner would like to place before this Court any material which he might have desired to place before the learned Rent Controller and was unable to do, the learned counsel did not evince any interest in availing of this opportunity.
5. ' After hearing the learned counsel at some length on all relevant aspects of the case we do not find any justification, for interference with the impugned judgment of the High Court. Leave to appeal, therefore, is refused.