Law:

Section:

(a) West Pakistan Urban Rent Restriction Ordinance (V of 1959)-------S. 13---Civil Procedure Code (V of 1908), Preamble ---Ejectment proceedings---Provisions of Civil Procedure Code, 1908---Applicability-­Though the provisions of C.P.C. are not entirely applicable to the proceedings under West Pakistan Urban Rent Restriction Ordinance, 1959, yet the Courts dealing with the eviction petition have to follow C.P.C. as far as possible. (b) Constitution of Pakistan (1973)--- ----Art. 199---Constitutional petition---Finding of facts-2- Interference of High Court in Constitutional jurisdiction---Scope---Failure to discuss the evidence of the parties by lower forum, High Court could interfere in the matter under its Constitutional jurisdiction---Where the Lower Appellate Court without discussing the facts available on record and without giving reasons for his findings and without applying his judicious mind passed the , such was arbitrary and without lawful authority which was set aside by High Court. (c) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 13---Constitutipn of Pakistan (1973), Art.199---Constitutional petition ---Ejectment of tenant---Finding of facts---Interference by High Court in Constitutional jurisdiction---Rent Controller dismissed the ejectment petition whereas the Appellate Court allowed the same---Plea raised by the tenant was that the Appellate Court had set aside the order passed by the Rent Controller without discussing the evidence available on record---Validity---Appellate Court while accepting the appeal of the landlord had not applied its judicious mind to the facts and circumstances of the case by not discussing the evidence led by the parties, such was set aside---Matter was remanded to the Appellate Court for deciding the appeal afresh---Constitutional petition was allowed in circumstances. 1998 CLC 1839 and 1984 CLC 938 ref. JUDGMENT SHAH JEHAN KHAN, J.--- Writ Petitions Nos. 155 of 2001, 156 of 2001 and 172 of 2001 are filed by various tenants petitioners against common landlords as respondents in all the three writ petitions and are disposed of by this common order. 2. The respondents brothers inter se in their…

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