1989 SCMR 525 SUPREME-COURT

Full text

ZAHID MAHMOOD VS LQBALBEGUM Constitution of Pakistan 1973--185 , Sindh Rented Premises Ordinance 1979--15 , ---S.15--Constitution of Pakistan (1973), Art.185(3)--Petition for leave to appeal-Tenant's eviction on ground of sub-letting--Order of eviction upheld by High Court--Order impugned--Facinal controversy with regard to transfer of possession by original tenant to sub-tenant being a question of fact, High Court after carefully considering the material brought to its notice, had rendered finding which was unexceptionable--Provision of Evidence Act, 1872 could not be made applicable in terms, to proceedings before the Rent Controller--High Court was justified in relying on the material on record as also on high probabilities--Case being concluded by findings of fact was not a fit one for grant of leave to appeal, which was refused.