Law: West Pakistan Urban Rent Restriction Ordinance 1959.

Section: 13 , 15

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ---- Ss. 13 & 15 --- Constitution of Pakistan (1973), Art.199 --- Constitutional jurisdiction, exercise of --- Rent Controller on basis of evidence led by parties found tenant not to he a defaulter, but finding of Rent Controller was reversed by Appellate Court without re-appraising the evidence --- Judgment of Appellate Court below suffering from non-consideration of material evidence, could not be sustained --- Contention that finding of fact recorded by Appellate Court below was not liable to be interfered with in Constitutional jurisdiction of High Court, was repelled in view of (lie fact that where evidence was ignored by a Court or Tribunal of exclusive jurisdiction, judgment rendered by it was subject to correction in exercise of power of judicial review by High Court. Ch. Inayat Ullah for Petitioner. Muhammad Saleem Shahnazi for Respondent No.l. Nemo for Respondent No.2. Date of hearing: 12th February, 1991. JUDGMENT This petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, arises out of an application under section 13 of the Punjab Urban Rent Restriction Ordinance, 1959, riled by respondent No.1 against the petitioner on 5th December, 1979, seeking his eviction from a shop out of Property No.1053-G Yakki Gate, Lahore. It was alleged that the respondent was a tenant in respect of the shop at a monthly rent of Rs.70 and had defaulted in payment of rent with effect from January,1977. The other grounds pleaded were subletting and damage to the property. On the basis of the evidence led before it, the Rent Controller on 6th July, 1982, found that the rent of premises was Rs.40 per month and that the entire rent for the period in question stood paid to the landlord/respondent No.]. The issues regarding the subletting and damage were also decided in favour of the petitioner/tenant. As consequence of these findings, the ejectment petition was dismissed on 6th July, 1982. Aggrieved by this order, the landlord riled an appeal which was accepted by the Additional District Judge on the ground that the petitioner was a defaulter in payment of rent. The Additional…