Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)------S. 15(7) [as substituted by Punjab Rent Restriction (Amendment) Act (III of 1991]-Civil Procedure Code (V of 1908) OXLI, R.24 --- Constitution of Pakistan (1973), Art. 199---Jurisdiction of Appellate forum to frame additional issue and record evidence thereon itself in an appeal against order of ejectment of tenant---Appellate forum after framing additional issue afforded opportunity to parties to lead evidence if any---Such act was done in lawful exercise of its jurisdiction by Appellate forum under S. 15(7), West Pakistan Urban Rent Restriction Ordinance; 1959---Appellate Authority had exclusive discretion to determine whether evidence already on record was sufficient or not and whether further inquiry was justified or not---High Court while exercising its jurisdiction under Art. 199 of the Constitution does not sit as Court of appeal and cannot go into such questions---High Court can interfere in such like cases only where Court or Tribunal below had wrongly assumed that there was evidence on record while actually there was none or where it assumed that there was no evidence while actually there was or where it had otherwise acted fancifully in the treatment of such question---Recording of additional evidence by Appellate forum after' framing additional issue was, thus, in accordance with law. Faheem & Company and another v. National Bank of Pakistan, Karachi and 5 others PLD 1975 Kar. 1032 and Messrs Faheem & Company and another v. National Bank of Pakistan and 5 others 1976 SCMR 100 rel. Dr. Bashir Ahmad Khan and 2 others v. Mehr Din 1985 SCMR 1 and Rahim Bakhsh Awan v. Ijaz Mehmood PLD 1990 Lah. 37 ref. ORDER This petition under Article 199 of the Constitution has been filed to challenge the order dated 13-7-1994 passed by the learned Additional District Judge, whereby after framing the additional issue he decided to record the evidence himself on the newly added issue. 2. Akhtar Ali petitioner filed ejectment petition against respondent No. 1 on various grounds, including violation of the lease agreement, unauthorised structural changes in the rented premises, damage caused to the…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492