1984 MLD 1235 LAHORE-HIGH-COURT-LAHORE

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M. AFZAL MUNIF VS BOARD OF TRUSTEES, ABANDONED PROPERTIES (CABINET DIVISION), ISLAMABAD West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ---S. 13--Provisional Constitution Order (1 of 1981), Art. 9--Ejectment--Constitutional jurisdiction--Invocation against order of ejectment-Agreement to sell--Tenant claiming that landlord had an agreement with him to sell property under tenancy but failing to prove same and making deliberate attempts to prolong his stay in premises on basis of alleged agreement of sale in his favour--Courts below after attending to every bit of oral evidence adduced, answering adverse finding on agreement to sell--eviction order passed being thwarted on frivolous and flimsy grounds--No misreading or non-reading of evidence pointed out by tenant--Proper remedy for tenant in such circumstances was to institute suit for specific performance--Constitutional jurisdiction, held, could not be invoked to assail findings of fact concurrently concluded by two Courts below--Finding of Rent Controller ordering ejectment meeting approval of Court of appeal--High Court in its constitutional jurisdiction not to assume role of Court of appeal when facts had been properly appreciated by Courts below in light of law applicable-Constitutional petition dismissed with costs.