Law:

Section:

West Pakistan Urban Rant Restriction Ordinance (VI of 1959)----S. 13(2) (iv) read with Constitution of Pakistan (1973), Art. 185(3)-Concurrent findings-Both Courts below finding tenant having removed intervening wall between two portions of property and thereby caused damage to property and impaired its value-Finding, held, could not be said to be based on no evidence or being result of misread­ing of evidence and petition for leave to appeal liable to dismissal.­[Evidence] ORDER ANWARUL HAQ, C. J.-The dispute in this case concerns a shop situate on Poonch Road, Samanabad, Lahore, which was taken on lease by the petitioner Fayyaz Ali Khan from the respondent Haji Muhammad Sharif on a monthly rent of Rs. 225 by means of a written lease deed in January, 1973. On the 14th of March, 1977, respondent filed an application before the Rent Controller, for the ejectment of the petitioner on the ground of default in the payment of rent since April, and also for the reason that the petitioner had caused damage to the property by removing an intervening wall which had separated the two portions of the shop. The application was rejected by the learned Rent Controller by his order dated the 10th of November, 1977, holding that the rent of the property was, in fact, Rs. 200 per mensem, although an amount of Rs. 225 per mensem was mentioned in the lease deed that there had been no default in the payment of rent sand that the allegation of causing damage was also not proved. However, these findings were reversed in appeal by the learned Additional District Judge by his judgment dated the 8th of January, 19.79. The second appeal filed by the petitioner has been dismissed by the High Court on the 10th of March, 1979. He now seeks leave to appeal. It is contended by Mr. Ahmad Hasan Khan, learned counsel for the petitioner, that the findings of fact recorded by the learned Additional District Judge on both the relevant issues are not based on evidence, or at any rate they are the result of misreading of evidence and the learned Additional District Judge was also in error in ruling out of consideration certain documents like money orders and their receipts, which had been admitted…

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