Law:

Section:

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-S. 15 - Appeal - Limitation - Landlords and their counsel in bona fide belief of filing of constitutional petition being only remedy and second appeal barred, such position also having been realised by tenant's counsel and bar of limitation having not been accordingly pressed before High Court, bar of limitation if pressed landlords might have relied on S. 14 of Limitation Act, 1908 and succeeded in getting time spent in filing and pursuing writ petitions excluded under such provision-No importance, in circumstance, attached to question of limitation.-[Limitation]. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)- S. 13 read with Civil Procedure Code (V of 1908), S. 100-Second Appeal - Concurrent findings of fact - Concurrent findings of fact based on misreading of evidence, held, justifiably set aside by High Court.-[Findings of fact-Evidence]. (c) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)- S. 13-Eviction of tenant-Personal requirement-Landlord seeking eviction on ground of personal requirement - Cannot be expected to sit idle for periods of time during pendency of eviction proceedings ­Landlord during such period employing himself in a gainful occupation 'n (such as going abroad for earnings), such fact cannot negate assertion of c9 bona fides on his part. ORDER MUHAMMAD AFZAL ZULLAH, J.-Leave to appeal has been sought from the judgment dated 5-2-1982 of the .Peshawar High Court ; whereby a second appeal arising out of an application for the eviction of the petitioners/ tenants which was filed by the respondents/landlord, was allowed. Tariq Mahmood (respondent No. 1) and his mother Mst. Mukhtar Begum (respondent No. 2) claiming to be the landlords of the shop in dispute, sought petitioners' eviction on the ground of personal requirement for the use of respondent No. 1. The plea taken from the petitioners side is that the application for eviction was mala fide; that the respondent No. 1 having vacated a shop adjacent to the shop in dispute, had gone abroad to earn his livelihood. The Rent Controller dismissed the respondents' application. Their first appeal was…

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