Mst. MARIA AZIZ vs MUHAMMAD NAWAZ S — 2021 YLR 2432 PESHAWAR-HIGH-COURT

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Mst. MARIA AZIZ VS MUHAMMAD NAWAZ S. 114 & O.XLVII, R.1---Khyber Pakhtunkhwa Urban Rent Restriction Ordinance (VI of 1959), S. 13(2)(vi)---Review---Scope---Eviction of tenant---Personal bona fide need---Reconstruction of demised property---Land lady failed to produce certificate of sanction of reconstruction even at the proceedings before the High Court; her eviction petition was rejected by Rent Controller which judgment was maintained up to the High Court---Petitioner/landlady sought review of order, passed in constitutional petitions, by virtue of which High Court had maintained the concurrent findings of both the Courts below rejecting her eviction petition on her failure to produce certificate of sanction (approved site plan) from concerned Authority for reconstruction of demised property---Held, that at the time of hearing constitutional petitions under review, neither the approved site plan was available on record nor the petitioner could produce the same even at the time of arguments, as such the same was not the fact which was available at that time but with due diligence had not been found out; that was why the petitioner, after realizing (after disposing off constitutional petition under review), had obtained the certificate by TMA regarding the alleged sanction for reconstruction allegedly granted to her six years ago (at the time of filing eviction petition)---Document (certificate of approval), for the first time, was place on record, as such the same could not be considered to have been placed on file in accordance with law, especially when the respondents had not been given an opportunity to go through it and when no witness the concerned office was produced, no findings to the credibility of certificate pertaining to the sanction allegedly granted to the petitioner could be rendered at this stage---No prejudice would have been caused by filing of sanctions subsequently but before closing of case---Neither the petitioner had produced any such sanction granted to her before the Rent Controller nor before the Appellate Court, so much so that during the course of arguments before the High Court in constitutional petitions under review, she was unable to produce the same even before the pronouncement of order, in order to determine as to whether the same was valid, genuine or otherwise---Petitioner had not been able to point out any apparent error which was floating on the surface of record or any ground or a fact which was available on record but neither it was agitated nor considered by the Court for the purpose of review of the judgment in accordance with S.114 read with O. XLVII, R. 1 of C.P.C---Petitioner, through orders under review, was at liberty to submit fresh ejectment applications after having obtained requisite approval from concerned authority and the Rent Controller shall decide said applications within a period of three months---Review petition was dismissed, in circumstances.

Mst. MARIA AZIZ vs MUHAMMAD NAWAZ S — 2021 YLR 2432 PESHAWAR-HIGH-COURT

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