Law:

Section:

(a) Constitution of Pakistan (1973)------Art. 185 (3)--Mixed question of facts and law Held, cannot be raised for first time before Supreme Court. (b) Constitution of Pakistan (1973)-- --Art. 185 (3)-West Pakistan Urban Rent Restriction Ordinance (VI of 1959), Ss. 13, 14 & 15-Ejectment sought on grounds of default in payment of tent and reconstruction of property-Findings of Rent Controller in favour of landlord reversed by first appellate Court, High Court giving cogent reasons for disagreeing with first appellate Court ­No justification for Supreme Court for interference. (c) Constitution of Pakistan (1973)- --Art. 185 (3)-Plea of limitation not raised before High Court--Held, could not be re-opened before Supreme Court--[Limitation]. Ghulam Muhammad v. Abdul Qadir Khan P L D 1983 S C 68 ref. Mian Nazir Akhtar, Advocate Supreme Court instructed by Ch. Akhtar All, Advocate-on-Record for Petitioners. Nemo for Respondent. Date of hearing: 23rd November, 1983. ORDER M. S. H. QURAISHI, J.-The petitioners pare aggrieved by the-order, dated 11-6-1983 of the Peshawar High Court, whereby the respondent-landlord's Second Appeal from Order was accepted and in the result the order of the first appellate Court dismissing his ejectment petition was set aside and the order of the Rent Controller directing the petitioner's ejectment was restored. 2. The landlord had sought the ejectment of the petitioners on two grounds, namely, (1) default in payment of rent from December, 1978, and (2)) reconstruction of the property. The relevant issues had been found by the Rent Controller in favour of the landlord but the first appellate Court had reversed the finding upon the view that as the landlord was in the habit of receiving rent amounts in lump sum for two or three months at a time, the non-payment for the period in question could not amount…

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