2002 CLC 1527 PESHAWAR-HIGH-COURT

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MUHAMMAD IQBAL VS GHAUNSULLAH KHAN Constitution of Pakistan 1973--199 , ----S. 13---Constitution of Pakistan (1973), Art.199---Constitutional petition ---Ejectment of tenant---Concurrent findings of fact by the Courts below---Failure to produce evidence---Tenant did not comply with the order of the Rent Controller in furnishing the requisite affidavits despite passing of nine years of filing of the eviction petition---On such failure of the tenant, the Rent Controller passed ejectment orders against the tenant---Appeal against the order of the Rent Controller was dismissed by the Appellate Court---Validity---Rent Controller had properly appreciated the evidence available on record and the judgment was in line with the judgment of Supreme Court in case titled Barkat Ali v. Muhammad Ehsan and others reported as 2000 SCMR 556---Appellate Court had also rightly concurred with the findings of the Rent Controller---No illegality or perversity was found in the judgment of the Courts below warranting interference in exercise of Constitutional jurisdiction by High Court--Constitutional petition was dismissed in limine.