Law: West Pakistan Urban Rent Restriction Ordinance (VI of 1959)

Section: 13,13(4)

Law: Constitution of Pakistan, 1973

Section: 199

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 13---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Bona fide personal need of landlord---Concurrent findings of fact by the Courts below---Constitutional jurisdiction of High Court ---Scope--­High Court, under Art. 199 is not Court of appeal and cannot decide whether evidence was sufficient for conclusion arrived at and is not obliged to go into he merits of the case, de novo reappraise and assess evidence on question of personal need of the landlord---While exercising Constitutional jurisdiction, High Court cannot disturb the concurrent findings of fact recorded by the Courts below on reappraisal of evidence unless it is shown that the Courts below either misread the evidence or perversely appreciated the evidence--­Merely because on fresh appraisal of evidence High Court would reach a different conclusion, is no ground to disturb such findings recorded by the Courts below. Messrs Muhammadia Medical Hall, Khan Arm Dealers through Khurshid Alam v. Mahmood-ul-Hassan and 3 others NLR 1982 SCJ 23 rel. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 13---Bona fide personal need of landlord---Concurrent findings of fact by the Courts below---Protection of law provided to tenant---Both the Courts below ordered ejectment of the tenant---Contention of the tenant was that the landlord did not require the premises for his own use---Validity---Where landlord would fail to occupy the premises within one month of the date of obtaining possession, the tenant, who had been affected, might apply to the Rent Controller for order under S.13(4) of West Pakistan Urban Rent Restriction Ordinance, 1959, directing the landlord to restore possession to the tenant---Judgments/orders passed by both the Courts below did not suffer from any illegality or perversity and High Court declined to interfere into the concurrent findings of fact recorded by the Courts of competent jurisdiction. (c) Constitution of Pakistan (1973)--- ----Art. 199---Constitutional jurisdiction of High Court---Scope---Concurrent findings of fact---While exercising Constitutional jurisdiction,…

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