Law:

Section:

(a) Constitution of Pakistan (1973)-----Art. 185(3)---Leave to appeal was granted to examine whether High Court, while accepting appeal of respondent and setting aside finding of fact of Rent Controller had correctly applied the principle of appreciation of evidence. (b) Sindh Rented Premises Ordinance (XV11 of 1979)-- ---S.15---Ejectment of tenant on ground of landlord's bona fide personal use and husiness---Apreciation of evidence by High Court---Record showed that the area "f shop in occupation of landlord was too small an area for the purpose of husiness run by the landlord---High Court, while reassesing evidence of landlord's witnesses ignored the rule of evidence because in civil cases issues were normally determined by the evidence of fact---High Court was, thus not justified in discarding the testimony of witnesses produced by landlord, in support of his case merely on the ground that their testimony was in identical terms and indicated that they were trying to improve the case of landlord---No reason given to disbelieve the testimony of landlord that he needed some more space, in good faith and for self-use, in order to carry on his business progressively---Judgment of High Court was set aside in circumstances. JUDGMENT S. USMAN ALI SHAH, J.--Leave to appeal was granted to the appellant on 19-3-1986 to examine whether the learned Single Judge of the High Court of Sindh, while accepting the appeal of the respondent, correctly applied the principle of appreciation of evidence and setting aside the finding of fact of the Rent Controller. The dispute in this case relates to the two shops situated on a plot of land bearing No. C-11/1 Malir Extension Colony owned by the plaintiff appellant and the defendant/respondent is a tenant of the said shops under the landlord. A third shop adjacent to the shops in dispute in the same building owned by the appellant is occupied by the landlord/appellant himself in which he carries on bicycle hiring business. The appellant had filed an ejectment application against the respondent before the Rent Controller, alleging therein that in view of his expanding business he requires both the shops in possession of the…

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