Law:

Section:

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 13---Requirement of shop in good faith by the landlord for the purpose of reconstruction---Appellate Court while deciding the appeal, mechanically upheld the order of the Rent Controller without applying its own mind to the dispute before it---Such disposal of the case involving valuable rights of the parties could not be countenanced---Obligatory for Appellate Court to make independent assessment of evidence and to decide appeal by giving reasons in support of findings recorded by it---Judgment of the Appellate Court was declared to be without lawful authority, was set aside and case was remanded for decision afresh. (b) Constitution of Pakistan (1973)--- ----Art. 199---Court failed to apply its own mind to the dispute before it and disposed of the matter in a mechanical manner---Such a disposal of the case involving valuable rights of the parties and especially when at the relevant time the Court was the final Court of appeal, could not be countenanced--­Obligatory upon the Court to have made an independent assessment of the evidence and to have decided the appeal by giving reasons in support of the findings recorded by it---Appeal having not been decided in accordance with law, same was declared to be without lawful authority---Appeal, thus was not decided in accordance with law consequently of the Court was declared to be without lawful authority and of no legal effect. JUDGMENT This petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, arises out of an application under section 13 of the Punjab Urban Rent Restriction Ordinance, 1959, filed by the petitioner on 12th March, 1983, against respondent No.l, seeking his eviction from shop bearing No. 2/172, situated in Nia Bazar, Kharian, District Gujrat, on the ground of default in payment of rent, damage to the property and re-construction. 2. This application was contested by respondent No.l by filing a written reply in which apart from controverting the allegations in the application, some preliminary objections were also raised. On the pleadings of the parties, the learned Rent Controller framed the…

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