Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- Ss. 13(2)(ii) & 15-Second appeal-Concurrent findings of Courts below based on oral as well as documentary evidence-Held, cannot be interfered with in second appeal. JUDGMENT MUHAMMAD AKRAM, J.-On the 6th of December 1975, the Rent Con­troller, Sargodha ordered the ejectment of the petitioner from the premises in dispute. The order was upheld in first appeal rejected by the District Judge, Sargodha on 12th of February 1978, and also affirmed in second appeal dismissed by a learned Judge of the Lahore High Court at Lahore on the 12th of March, 1979. This is a petition for special leave from the order. The dispute in this case is concerning the property consisting of a hotel along with the land underneath forming a part of Khasra No. 37 situated on Shahpur-Khushab Road near Octroi Post No. 1 Sargodha. The respon­dent made the application for ejectment of the petitioner from the premises alleging that the latter was a tenant under him of the property and was liable to ejectment under section 13 of the Urban Rent Restriction Ordinance 1959, on the ground that he had failed to pay or tender the rent due to him for the premises and also because he had illegally affected unauthorised material alterations in the property without his consent. The petitioner in his reply to the application, however, denied the relationship of landlord and tenant between the parties and asserted that he was the owner of the premises in dispute in his own right. In this connection on the issues raised on the pleadings of the parties the respondent examined 8 witnesses including himself supported by the docu­mentary evidence to prove that he was the owner of the land underneath by purchase and had raised the construction on it a: his own cost and that the petitioner was inducted into the premise as a tenant under him. In rebuttal the petitioner produced mostly the oral evidence and 9 witnesses including himself in support of his plea to the effect that he had raised the construction at the premises at his own costs. In this connection it was admitted by the present petitioner as his own witness (D. W. 9) that the land…

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