Law:

Section:

(a) Sind Rented Premises Ordinance (XVII of 1979)----S. 21-Ejectment-Concurrent finding by Courts below-Second appeal-High Court in second appeal discussing evidence in its correct perspective inasmuch as that inconsistencies referred to by two Courts below, which weighed with them, in rejecting application for ejectment filed by landlord were not such as would have titled-Held, High Court has not erred in law by allowing second appeal in circumstances. (b) Sind Rented Premises Ordinance (XVII of 1979)- -- S. 21-Civil Procedure Code (V of 1908), S. 100-Ejectment-Con­current findings by Courts below-Second appeal-Fallacy in appraising evidence as to fact amounting to material mistaken assumption by Courts below-Re-examination in second appeal justified. Abdul Majid and others v. Khalil Ahmad P L D 1955 F C 38; Karamat Ali and another v. Muhammad Yunus Haji and others P L D 1963 S C 191 and Mst. Jamila Latif v. Ghulam Yazdani Khan and 4 others 1979 C L C 29 ref. Abdul Hafeez Memon, Advocate Supreme Court and Muzaffar Ali Khan, Advocate. on-Record for Petitioners. Zaheer Ahmad Khan, Advocate Supreme Court and Ahmadullah Farooqi, Advocate-on Record for Respondents. Date of hearing: 16th January, 1984. ORDER MIAN BURHANUDDIN KHAN, J.-By this petition leave is sought to appeal against the judgment and order of the Sind High Court, Hyderabad Circuit, dated i9-6-1983 passed in Second Appeal No. 8 of 1983. 2. The respondents filed ejectment applications bearing Nos. 213/1966 and 214/1966 against Muhammad Umar and Muhammad Hashim respectively, the predecessor-in-interest of the petitioners. These applications were dismis­sed by the learned Rent Controller. Appeals filed before the District Judge were also dismissed. Second Appeals Nos. 387,11970 and 251/1972 were filed in the Sind High Court. Appeal No. 251/1972 was allowed by the High Court vide its common judgment dated 14-11-1975 and Appeal No. 387/1970 against Muhammad Hashim was dismissed on the ground that Ishtiaq Ali respondent No. 2 has failed to establish his bona fide requirement of the premises in question. The ground floor premises, in occupation of Muham­mad Umar, were, however, in consequence of the above…

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