Law:

Section:

Civil Procedure Code (V of 1908)¬-------S. 100 Second appeal-- Misreading of evidence High Court correctly holding lower Appellate Court having misread evidence finding based on misreading of evidence Cannot be regarded as sacrosanct High Court, in circumstances, held, justified in setting aside finding of First Appellate Court. [Second appeal Evidence]. Abdul Aziz v. Muhammad Ibrahim P L D 1977 S C 442 and Abdul Sallam Akhtar v. Dr. Najam Parvez 1976 S C M R 52 ref. ORDER NASIM HASAN SHAH, J. This is a petition for leave to appeal directed against the judgment and order dated 3rd April 1978, passed by a learned Judge of the Lahore High Court, whereby he accepted the Second Appeal (S. A. O. No. 37 of 1977), set aside the order of the learned Addl. District Judge and restored that of the Rent Controller, whereby the petitioner herein was directed to vacate the shop in dispute. The facts which form the background are that the petitioner is in possession of Shop No. F/1136, Mohallah Sarin, Azam Cloth Market, Lahore, as a tenant and the respondents Ghulam Rasul and Ghulam Nabi sons of Rahim Bakhsh are the a landlords Ghulam Rasul respondent was occupying a shop belonging to one Mohammad Tufail P. W. as tenant. The said Mohammad Tufail wanted the said shop for his own use and, accordingly, called upon Ghulam Rasul to vacate it. The respondents, thereupon, in order to get their own shop vacated with a view to handing over the shop taken on rent by Ghulam Rasul respondent to Mohammad Tufail, initiated ejectment proceedings against tire petitioner herein. The main contest in these proceedings was with regard to the issue whether Ghulam Rasul (respondent herein) required the disputed property in good faith for his personal use? In so far as the respondent was occupying a shop, even as a tenant, the question whether he required the shop in dispute for his personal use was dependent on the fact whether Mohammad Tufail had really called upon him to vacate his shop and whether he did require it for his personal use. Before the Rent Controller, Muhammad Tufail appeared as a witness (P. W. 7) and made a statement to the effect that he did require his shop for his personal…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492