Law: Civil Procedure Code (V of 1908)

Section: 100

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

Section: 13(b),13(6)

  Civil Procedure Code (V of 1908), S. 100 and West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 15(4)-Finding of fact-Finding on evidence, however gross and inexcusable the error cannot be challenged in second appeal.   Abdul Majid and others v. Khalil Ahmad P L D 1955 F C 38; Durga Chowdhrani v. Jewahir Singh Chowdhri I L R 18 Cal. 23 and Wali Muhammad and others v. Muhammad Bakhsh and others I L R I 1 Lah. 199 ref.   West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13(b)-Deposit of future monthly rent-Rent Controller not in seisin of case cannot grant permission for depositing future rent by tenant-Nor can such Controller deputize for Controller seized of case.   West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13(6) "Default" means default made wilfully o, negligently-Default due to serious illness like typhoid with relapse furnishes legal excuse for not depositing rent by due date.   Abdul Majid v. Saadullah and another P L D 1963 Quetta 16 ref.   Date of hearing : 7th January 1966.   JUDGMENT   This second appeal is rendered infructuous on the narrow ground that there is concurrent finding fact based on unimpeachable evidence of Dr. Muhammad Hafeez and Nazar Hussain (R. W. 2) that the respondent was seriously ill with Typhoid, and therefore prevented from depositing the rent for the month of October 1963 by the due date viz., 4-11-1963. This concurrent finding of fact is conclusive and cannot be canvassed in second appeal. There are high authorities of the Privy Council and the Federal Court of Pakistan that concurrent finding of fact by lower Courts, however gross and inexcusable the error may be the finding provided evidence has been considered cannot be challenged in second appeal. See the decision of Abdul Majid and others v. Khalil Ahmad (P L D 1955 F C 38), in which the decision of the Privy Council in Durga Chowdhrani v. Jewahir Singh Chowdhri (I L R 18 Cal. 23) and Wall Muhammad and others v. Muhammad Bakhsh and others (I L R 11 Lah. 199) were relied on.   There is another substantial reason for rendering the appeal unmeritorious and it isthat the…