Law:

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(a) Constitution of Pakistan (1973)-----Art. 185(3)--Civil Procedure Code (V of 1908), S. 115--Leave to appeal granted to consider question as to jurisdiction of High Court under S. 115, C.P.C. to upset concurrent findings of trial Court as well as first appellate Court to the effect that there existed no relationship of landlord and tenant between parties. (b) Civil Procedure Code (V of 1908)-----S.115--Revision--Concurrent findings of Court below found to have been arrived at by ignoring evidence--High Court in revision, held, could, interfere with such s of lower Courts while correctly reading evidence. M. Bilal, Advocate Supreme Court and M. Qasim Imam, Advocate-on-Record for Appellant. Nur Ahmad Khan, Advocate-on-Record for Respondent. Date of hearing 20th April, 1985. JUDGMENT MIAN BURHANUDDIN KHAN, J.--Leave was granted by this Court, per order, dated 16-5-1979, on the ground that in view of the concurrent finding recorded by the trial Court as well as the first appellate Court to the effect that there exists no relationship of landlord and tenant between the parties herein, the learned High Court had no jurisdiction to upset that finding in its revisional jurisdiction under section 115, C.P.C. 2. Respondent Muhammad Sadiq Khan brought a suit for a ejectment against the appellant from two shops situated in the village Char Gali, Tehsil and District Mardan on the ground of default from Ist March to 30th September, 1971 at the rate of Rs. 20 per month, and for personal requirement. In his written statement the appellant averred that the land beneath the shop in question in agricultural land in village Char Gali and was owned by one Sher Zaman Khan with whose permission the appellant had constructed the shops from his own resources on the condition that no ejectment will be sought by the landlord; that after spending thousands of rupees the appellant constructed these shops and he was regularly paying the rent after the demise of Sher Zaman Khan to his successor-in-interest Shah. Pasand Khan at the rate of Rs.19 per month. The learned Civil Judge, on the pleadings of the parties, framed the following issues: (1) Whether the relationship of landlord and…

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