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1990 SCMR 684

Haji TAJ DIN vs Sh. TAJ DIN and others

Citation1990 SCMR 684
CourtSupreme Court of Pakistan
Case No.Civil Petition for Leave to Appeal No,479 of 1989
Date1989-06-06
Judge(s)Nasim Hasan Shah, Syed Usman Ali Shah
ResultLeave granted

ORDER

1. ' S. USMAN ALI SHAH, J.--Leave to appeal has been sought by the petitioner against the judgment of the Lahore High Court, Lahore dated 11-3-1989, arising out of a rent matter, wherein Sh. Taj Din respondent No,1 occupied Bungalow No,75, 21 Acres Scheme, Samanabad, Lahore, as tenant of the petitioner Haji Taj Din. The said petitioner filed an eviction petition against the respondent No,1 from the said premises on the ground of own use and children's occupation, before the learned Rent Controller, who vide his order dated 24-6-1984 accepted the ejectment application. Both the parties filed appeals before the learned District Judge against the said ejectment order. The learned District Judge vide his single judgment dated 6-4-1985 dismissed both the appeals.

2. ' Respondent No,1 filed a Constitutional petition before the Lahore High Court, wherein he challenged the findings of the two Courts below on Issue No,2, stating therein that the landlord had sufficient urban accommodation in the same area, where the property in dispute is situated. The learned High Court accepted writ petition and vide its judgment dated 11-3-1989 set aside the concurrent findings of the Courts below in exercise of its Constitutional jurisdiction.

3. After having heard the learned counsel for the petitioner in support of this petition, we grant leave in this case to consider whether in writ jurisdiction A the High Court could have interfered in the concurrent findings of fact recorded by the Courts below.

4. ' Security is Rs,5,000.

5. ' The appeal shall he prepared on the same record at an early date with direction to the parties to file additional necessary documents, if any.

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