Case Details

Citation(s)
1986 SLG 715 1986 SLD 715 1986 SCMR 1076
Supreme Court of Pakistan
Civil Petition No. 26-K of 1985, decision dated: 2-05-1985. (On appeal from the judgment and order of the High Court of Sind at Karachi, dated 5-11-1984 passed in First Rent Appeal No. 552 of 1983).
ABDUL KADIR SHAIKH AND ZAFFAR HUSSAIN MIRZA, JJ
Abdus Sattar, Advocate Supreme Court assisted by M. Shabbir Ghaury, Advocate-on-Record. Nemo.

Haji MUHAMMAD DIN

VS

Mst. SHAKILA BEGUM and others

Law:

Section:

Constitution of Pakistan (1973)-----Art. 185(3)--Leave to appeal, grant of--Appreciation of evidence-­Findings of fact reached by High Court being in consonance with well-settled principles of appreciation of evidence and not suffering from any legal infirmity, same, held, not open to interference--Leave to appeal refused. ORDER ABDUL KADIR SHAIKH, J.--This is a petition for leave to appeal from the judgment of a learned Judge of Sind High Court dated 5-11-1984 reversing the order of the Rent Controller, Karachi and directing petitioners eviction from the demised shop. By that judgment, learned Judge in the High Court upheld the plea of respondent landlords that the demised shop is bona fide required for their personal use. 2. The shop was originally let out to Syed Shabbir Ali, the predecessor-in-title of the respondents, and after his death; respondents sought petitioners eviction on the ground that Syed Saleem Ali son of Syed Shabbir Ali, respondent No.2, requires the shop for personal use to carry on his business. The Rent Controller was not convinced with this plea and rejected the application for eviction, but on appeal, learned Judge in the High Court held that the order of the Rent Controller could not be sustained in law and also on facts. The relevant observations made by him in the judgment read as follows:-- "The evidence shows that the original…
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