Law:

Section:

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ---- S. 13---Constitution of Pakistan (1973), Art.199 --- Finding of Appellate Court below that joint ejectment application by two landlords in respect of two shops located in one and same building owned by landlords, was incompetent, suffering from arbitrariness and illegality, was set aside by High Court in exercise of Constitutional jurisdiction. Ahsanul Haq and others v. Abdul Rahim 1979 S C M R 338 ref. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ---- S. 13 --- Facility, to be represented through an attorney, provided to a party under law, could be availed of by party and adverse inference could only be drawn if despite objection and in face of other relevant circumstances brought on record, there was refusal on part of party to enter witness-box-- Adverse inference, against landladies who did not enter the witness-box themselves as their own witnesses, was wrongly drawn by Appellate Court below when no prejudice was caused by their not entering the witness-box. Abdul Haq v. Mst. Zubaida Khatoon 1969 S C M R 222 ref. JUDGMENT This Constitution petition arose out of an eviction petition filed by the petitioners against Dr. Mian Muhammad Jameel, respondent No.3, seeking his eviction from the two shops in dispute. These shops are located in one and the same building owned by the petitioners, which were rented out by the two sisters/petitioners by getting executed two separate rent documents from respondent No.3/tenant. The learned Rent Controller framed necessary issues arising out of the pleadings of the parties and after recording the evidence of the parties, dismissed the eviction petition vide order dated 20-2-1982. This order of dismissal of eviction petition was challenged in appeal but the same was also dismissed by the learned Appellate Court vide judgment dated 29-3-1983. 2. The issues respecting which both the learned counsel for the parties addressed arguments, are as follows:--- "2. Whether the ejectment petition in respect of two shops is competent? 4. Whether the premises are required for personal use? Learned Appellate Court was of the view that the…

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