Law:

Section:

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-------S. 13---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Dismissal of ejectment petition for non-existence of relationship of landlord and tenant between the parties was upheld by Appellate Court---Validity---Landlord was holding Permanent Transfer Deed in respect of disputed shop for having purchased same from Settlement Department in open auction---Municipal Committee was tenant of Department so long as disputed shop remained in its ownership---Letter produced in evidence by Committee had been treated as an allotment order, though same was a request made by its Chairman to Deputy Settlement Commissioner for transfer of disputed shop in favour of Committee---Appellate Court while upholding finding of Rent Controller had not cared to see that same was result of gross misreading and non-reading of evidence---Impugned finding of fact, though concurrent, could not be maintained---High Court accepted Constitutional petition, set aside impugned orders and remanded case to Rent Controller for its decision afresh after duly considering entire material on record. Iqbal and 6 others v. Mst. Rabia Bibi and another PLD 1991 SC 242 and Ashraf Kiyani and others v. Mst. Hajira Bibi and others 1999 MLD 2821 ref. Ashraf Kiyani and others v. Mst. Hajira Bibi and others 1999 MLD 2821 and Muhammad Lehrasab Khan v. Mst. Aqeel-un-Nisa and 5 others 2001 SCMR 338 rel. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 15---First appeal---Duty of Appellate Court---Presiding Officer of First Court of appeal and final Court of fact was bound to satisfy its judicial conscience before concurring with findings of Rent Controller that same was based on proper appreciation of oral and documentary evidence. (c) Constitution of Pakistan (1973)--- -----Art. 199---Findings of fact---Interference with such findings by High Court in exercise of its Constitutional jurisdiction---Scope---High Court could interfere with such findings, if same were based on misreading or non-reading of evidence or wrong assumption of law and fact. Muhammad Lehrasab Khan v. Mst. Aqeel-un-Nisa and 5 others…

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