Law: Cantonments Rent Restriction Act, 1963

Section: 24

Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Constitution of Pakistan (1973)----Arts. 185(3)---Cantonments Rent Restrictions Act (XI of 1963), S.24--- Concurrent findings of fact---Interference---Justification---Plea of personal and bona fide requirement of shop in question, by landlady as also impairment of value and utility of shop---Concurrent affirmative findings of fact on such pleas of landlady by Courts below---Interference---Concurrent findings of fact could only be interfered with, if there was any misreading of evidence by Courts below or Courts had arrived at findings ignoring any material piece of evidence on record---Nothing was brought on record to warrant interference with concurrent findings of fact of Courts below. (b) Constitution of Pakistan (1973)--- ----Art. 185(3)---Cantonments Rent Restriction Act (XI of 1963), S.24---Plea of personal and bona fide requirement of shop in question---Tenant's plea that another shop of landlady was lying vacant and as such she did not need shop in question bona fide---Burden to prove that another shop belonged to landlady and was in her occupation, was on tenant which he failed to discharge--­Finding of High Court on question of impairment of value 'and utility of shop was based on evidence on record---No exception could be taken to such finding---Petition for leave to appeal was dismissed in circumstances. Mrs. Nadira Farooqi v. District and Sessions Judge 1987 MLD 616; Mrs. Rafiqa Begum v. Mrs. Mahmooda Wahidina PLD 1987 Kar. 287 and Raja Shahbaz Khan v. Muhammad Fazal Kiani 1968 CLC 811 ref. ORDER SAEEDUZZAMAN SIDDIQUI, J.---The petitioner, who is a tenant in respect of Shop No.70 A1 Amna Plaza, Opposite Capri Cinema, 130 Depot Lines. MA. Jinnah Road, Karachi has sought leave to appeal against the order of learned Judge in Chamber of the Sindh High Court dated 18-2-1992. By the impugned order the learned Judge in Chamber maintained the order of eviction passed against the petitioner by Additional Rent Controller on the ground of personal and bona fide requirement and impairment of the value and utility of the building. The eviction application was filed before the Additional Rent Controller Cantonment, under section 24 of the Cantonment Rent…

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