Law:

Section:

(a) Constitution of Pakistan (1973)---Art. 185(3)---Petition for leave to appeal---New plea on factual controversy---Where a plea founded on factual controversy was neither raised in evidence nor agitated before Trial Court or High Court same could not be advanced before Supreme Court for the first time. (b) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15---Ejectment application by co-sharer---Validity--- o-sharer can file ejectment proceedings against a tenant without impleading other co-sharers as one co-sharer acts on behalf of all the co-owners of the property and represents their interest. (c) Practice and procedure--- ----Conflict in finding of Trial Court and Appellate Court---Effect---Finding of Appellate Court can only be discarded if it is not based on correct appreciation and analysis of evidence; or is contrary to material on record or is arbitrary or perverse on the face of it. Abdul Ghani v. Abrar Hussain 1999 SCMR 348 ref, (d) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15---Constitution of Pakistan (1973), Art.185(3)---Bona fide personal need of landlords---Rent Controller dismissed the ejectment application but the same was allowed by High Court---Validity---Evasive replies of tenant's witness as regards the bona fide requirement of the premises by landlords were adequate enough to warrant an inference that they failed to refute the plea advanced by the landlords---Desire and need of landlords for additional accommodation for self-occupation was not tainted with malice or ulterior motive---Order of eviction of tenants from the premises, passed by High Court was neither illegal nor called for interference by Supreme Court in its Constitutional jurisdiction---Leave to appeal was refused. Abdul Ghani v. Abrar Hussain 1999 SCMR 348; Mulakh Bano v. Gohar Bano 1976 SCMR 314 and Muhammad Amir v. Khan Bahadur PLD 1996 SC 267 distinguished. ORDER RANA BHAGWANDAS, J. ---Petitioners seek leave to appeal against the Sindh High Court judgment dated 10-11-1999 setting aside the dismissal order by learned Rent Controller and allowing ejectment of the petitioners from the demised premises on the ground of bona fide requirement of the…

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