Law: Constitution of Pakistan, 1973

Section: 185(3)

Cantonments Rent Restriction Act (XI of 1963)--Ss.17 & 24--Constitution of Pakistan (1973), Art. 185(3)--Re-appraisal of evidence being a matter arising in first appeal, was within scope of High Court-­Neither misreading nor ignoring of any evidence by High Court was pointed out-­Leave to appeal refused. S.M. Tayyab, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioners. S. Abid Nawaz, Advocate-on-Record and A. H. Najfi, Advocate Supreme Court for Respondent. Date of hearing: 14th March, 1989. ORDER GHULAM MUJADDID. J.--This petition for leave to appeal by Muhammad Ayub and Muhammad Azam is against the judgment of the Lahore High Court dated 15-10-1988. Mst. Nusrat Begum respondent in this petition is the landlady of Shop No.696, situated at Sadar Bazar, Sialkot. She sought ejectment of the petitioners from the aforesaid premises on the ground of default and that the property was required bona fide for her personal use. The ejectment application was contested The Rent Controller framed the following issues:-- (1) Whether the respondents have paid or tendered the rent to the petitioner for the disputed period? (2) Whether the petitioner needs the shop in dispute for her personal bona fide need? (3) Relief. The issue pertaining to default was not pressed. With regard to the personal bona fide need, the Rent Controller found that the landlady had failed to establish that. The result was that the ejectment application was dismissed. The landlady filed an appeal before the High Court which was…

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