Law:

Section:

(a) Cantonments Rent Restriction Act (XI of 1963)- -- S. 17 read with Provisional Constitution Order (1 of 1981), Art. 9 ­Ejectment application on ground of personal requirement on retirement of landlady's husband-Application flied in May, 1979-Retirement due in April, 1980-Plea of tenant that application was premature and thus not filed bona fide, held, had no force-Petition having become mature during pendency of proceedings as case was finally decided by District Judge tong after retirement of landlady's husband Mst. Amina Begum and others v. Ghulam Dastagir P L D 1978 S C 220 fol. (b) Cantonments Rent Restriction Act (XI of 1963)- -- S. 17-Bona fide, personal requirement-Tenant producing letters exchanged between landlady's husband and property dealer regarding sale of property in dispute prior to filing of eviction application-Such evidence, held, did not disprove bona fide requirement of landlady and her husband because by filing ejectment application they could have changed mind due to impending retirement of landlady's husband. (c) Provisional Constitution Order (1 of 1981)- -- Art. 9 read with Cantonments Rent Restriction Act (XI of 1963), S. 24-Writ jurisdiction, scope of-Findings of fact by appellate Court-Held, mere fact that a different conclusion could have been drawn, would not be a reason for interfering in writ petition with finding of fact arrived at by a Court in exercise of appellate powers unless it is so perverse, whimsical, arbitrary or against well-established principle of law so as to call for such interference. Habibur Rehman v. Bashir Ahmed and others P L D 1981 S C 243 ; Muhammad Hassain Munir and others v. Slkandar and others P L D 1974 S C 139 ; Nawaza v. The Additional Settlement and Rehabilitation Commissioner, Gujrat and another P L D 1970 S C 39 ; Javed Manzoor and another v. Member (Revenue), Board of Revenue, Punjab and others 1981 S C M R 117 and Madan Gopal and 4 others v. Maran Bepart and 3 others P L D 1969 S C 617 fol. (d) Provisional Constitution Order (1 of 1981)- -- Art. 9-Civil Procedure Code (V of 1908), S. 100-Constitutional jurisdiction and second appeal, scope of-Held, in exercising constitu­tional jurisdiction…

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