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2002 SCMR 333

Mst. FEHMIDA ALAM vs Mst. ZAIBUN NISA SHAIKH and 6 others

Citation2002 SCMR 333
CourtSupreme Court of Pakistan
Case No.Civil Petition for Leave to Appeal No,2-K of 2000 F.R.A. No,279 of 1999
Date2001-03-08
Judge(s)Syed Deedar Hussain Shah, Rana Bhagwan Das
Resultappeal refused

ORDER

' RANA BHAGWANDAS, J.---This petition for leave to appeal arises out of High Court order, dated 23- 10-2000 passed in F.R.A. No,279 of 1999. By the impugned order learned High Court upheld the order of eviction passed by the Rent Controller on the ground of bona fide personal requirement of the premises but in view of the fact that the premises are being used for running a school allowed the petitioner to vacate the premises by 30th June, 2001 subject to payment of rent.

2. After hearing learned counsel for the petitioner we do not find any good ground to interfere with the findings of fact recorded by learned Rent Controller as well as the Appellate Court as the order of the High Court and judgment of the Trial Court do not suffer from misreading of evidence or misconstruction of law.

3. Leave to appeal is refused and the petition is dismissed. However, at the request of the petitioner's counsel we extend the time for vacating the premises up to 30th October, 2001 subject to payment of usual rent failing which writ of possession shall issue without prior notice.

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