Law:

Section:

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-----Ss. 13 & 15(4)--Constitution of Pakistan (1973), Art. 185(3)-­Landlord and tenant, relationship of--Leave to appeal granted to consider whether in view of law laid down in Abdul Majid and others v. Khalil Ahmad PLD 1955 FC 38, High Court was justified in disturbing findings of fact, recorded by Trial Court and affirmed by Appellate Court on question of existence of relationship of landlord and tenant between the parties. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-- ---Ss. 13 & 15(4)--Second appeal--Ejectment proceedings--Relationship of landlord and tenant--Findings of fact--Neither any misreading nor any omission to read any relevant piece of evidence on the part of Trial Court and Additional District Judge found--High Court merely reappraising evidence and coming to conclusion different from that recorded by two Courts below on basis of same evidence which had already been appraised by said Courts--Fallacy in appraising evidence as to a fact, unless it amounts to a material mistaken assumption, was merely an error in coming to a finding as to that fact and such error has never been held to be an error of law justifying interference in second appeal--High Court had no jurisdiction to entertain a second appeal on the ground on an erroneous finding of fact, however gross and inexcusable the error might seem to be unless there was an error in procedure provided by law which might possibly have produced an error or defect in decision of case on merits--Appeal--Civil Procedure Code (V of 1908), S. 100. Abdul Majid and others v. Khalil Ahmad PLD 1955 FC 38 ref. JUDGMENT NASIM HASAN SHAH, J.--The appellant filed an application under Section 13 of the Urban Rent Restriction Ordinance, 1959 seeking ejectment of the respondent on the grounds of default in payment of rent and damage to the property. The application was contested by the respondent (Sheikh Salahuddin) who denied the existence of any relationship of landlord and tenant between the parties. Since there was no relationship of landlord and tenant between the parties the question of default in payment of rent and…

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