' Respondent No,1 is in possession of rooms Nos.43 and 48 of Al-Hameed Building, G.T. Road, Gujranwala as a tenant under the petitioners. On 2nd of November, 1983 an application under section 13 of the Punjab Urban Rent Restriction Ordinance, 1959 was filed by them against respondent No,1 seeking its eviction from the premises in question on the grounds of default in payment of rent and personal use. The Rent Controller after recording the evidence of the parties dismissed the ejectment petition on 4th October, 1984. Aggrieved by this order the petitioner filed an appeal which too was dismissed on13th March, 1985. Hence this Constitutional petition by the landlord-petitioner.
2. Mr. Hakam Qureshi, Advocate the learned counsel appearing on behalf of the petitioner submitted that Sh. Riaz Ahniad, petitioner No,3 for whose use, the property was required died during the pendency of the present petition and therefore, the need has disappeared. He however assailed the findings of the Courts below on issue No,2 relating to default in payment of rent and dubbed the same as erroneous. I am however, unable to agree with the learned counsel. The default alleged by the petitioners in their ejectment petition was from April, 1983 onwards. Both the Courts below have found that the petitioners refused to accept the rent tendered by the respondent. A.W.1 Riaz Ahmad admitted that the petitioner had stopped receiving rent in April, 1983.
The finding that the rent after being tendered to tile petitioner by the respondent was deposited with the Rent Controller is amply supported by the evidence on the record and calls for no interference.
' This petition has no force. It is accordingly dismissed leaving the parties to bear their own costs.