Law:

Section:

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-------S. 13---Constitution of Pakistan (1973), Art.185(3)---Subletting---Leave to appeal was granted by Supreme Court to consider; whether sufficient evidence was available on record to prove "subletting". (b) Qanun-e-Shahadat (10 of 1984)--- ----Art. 70---Oral evidence cannot be given preference over documentary evidence. (c) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 13---Ejectment application---Pleadings---Landlord himself issued notice in respect of premises which was in dispute, therefore, he was bound by pleadings and documentary evidence which had been produced by him. (d) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 13---Ejectment of tenant---Subletting of premises---Proof---Pleadings and evidence---Contradictions---Name of sub-tenant mentioned in notice issued by landlord was different than that mentioned in ejectment petition---Effect---There was contradiction in ejectment application itself as well as in oral evidence when landlord entered into witness box orally stating that premises had not been sub-let to the person nominated in ejectment application, therefore, landlord failed to establish issues of subletting against tenant---Supreme Court set aside eviction order and dismissed ejectment application---Appeal was allowed. Gulzarin Kiani, Advocate Supreme Court and M.S. Khattak, Advocate-on-Record for Appellant. Muhammad Ullah, Advocate Supreme Court for Respondents. ORDER IFTIKHAR MUHAMMAD CHAUDHRY, CJ.--- This appeal by leave of the Court directed against the judgment dated 18-6-2009 passed by learned Division Bench of the Peshawar High Court, Peshawar para. five there from is reproduced herein below:--- "(5) The perusal of record would show that ground of subletting was proved by overwhelming evidence, and no illegality, or irregularity was committed by both the Courts below. The evidence was properly appreciated, and concurrent ejectment orders were passed by competent fora. The constitutional petition against such concurrent findings seems to be an effort of the petitioner tenant to perpetuate possession indefinitely with intent…

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