Law:

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(a) Evidence Act (I of 187Z)- S. 114-Presumption-Judicial proceedings duly performed Presumption arising from S. 114, held, can only be overturned by producing exceptionally strong evidence to contrary. Katta v. Venkatasayya and another A I R 1944 Mad. 450 and Reg v. Pestanji Dinsha and another (1873) 10 Bom. H C R 75 ref (9) West Pakistan Urban Root Restriction Ordinance (VI of 1959) - .---- S. 15(4), Explanation--Consent order-Appellant tenant-volunteering to vacate premises after six months and consent order passed in appeal in terms of compromise-Such consent order, held, amounts to consent decree hence unassailable in second appeal-Civil Procedure Code (V of 1908), S. 96(3). JUDGMENT This is tenant's second appeal wherein he has challenged his ejectment order dated 18-4-1974 pertaining to Shop No. 4$4-B (3) 701-B, Mohallah Kasamabad, Rawalpindi passed by the Rent Controller as well as the judgment of the appellate authority dated 29-4-1975 passed in appeal under section 15 of the Ordinance VI of 1959, in the terms of compromise arrived at between the parties. 2. Briefly stated, .Fateh Muhammad now deceased, filed an ejectment petition in May 1969- seeking the ejectment of the present appellant on the ground of default, damage to property and personal need. The Rent Controller after recording the evidence directed the ejectment of the appellant on the sole ground of personal need vide order dated 18-4-1974. The tenant appealed against that order on 15-5-1974 which was heard and decided by Mian Ghulam Ahmad the then learned-- Additional District Judge, Rawalpindi, dismissing the same on the basis of a mutual compromise arrived at between the parties on 29-4-1975. The tenant again has come in second appeal against that consent order complaining that the alleged statement dated 29-4-1975 attributed to the appellant was got thumb marked by the Additional District Judge, Rawalpindi under coercion .and undue influence. According to him he (appellant) was asked to affix his thumb-mark on a blank paper and thereafter, the learned Additional District Judge, got recorded the alleged statement attributed to him of his own. The appellant had neither compromised with…

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