1990 SCMR 376 SUPREME-COURT

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ZULFIQAR AHMAD MEHAR VS JOHAR HUSSAIN KAZMI Constitution of Pakistan 1973--185 , Sindh Rented Premises Ordinance 1979--21 , Ss.14 & 21---Constitution of Pakistan (1973), Art.185(3)---High Court recalling earlier order staying proceedings of eviction of tenant---Petition for leave to appeal---Tenant's main appeal was still pending disposal---Question with regard to nature of property was decided by Rent Controller on admission of tenant himself that the premises were residential, and same being a finding of fact could only be set aside by the High Court on the hearing of appeal if it was found to be contrary to the record---Any decision at present stage by Supreme Court, would prejudice the landlord and rather would tantamount to disposal of the entire rent appeal---Supreme Court, prima facie, having not found anything wrong with the impugned order of High Court, recalling the stay of eviction proceedings granted earlier, leave to appeal was refused.