2002 CLC 1523 PESHAWAR-HIGH-COURT

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NASRULLAH JAN VS Mst. FARZANA BEGUM Constitution of Pakistan 1973--199 , ----S. 13---Constitution of Pakistan (1973) Art.199---Constitutional petition---Bona fide personal need of landlord---Concurrent findings of fact by the Courts below---Reappraisal of evidence by High Court in exercise : of Constitutional jurisdiction under Art. 199 of the Constitution---Validity---High Court does not sit as Court of appeal and cannot decide whether evidence sufficed for conclusion arrived by lower forum and is not at all obliged to go into the merits of the case de novo, reappraise and, assess evidence on question of personal need of landlord---High Court, while exercising its Constitutional jurisdiction cannot disturb the concurrent findings of facts recorded by the Courts below on reappraisal of evidence unless it is shown that the Courts below have either misread the evidence or perversely appreciated the evidence---Merely because that after fresh appraisal of evidence High Court can reach a different conclusion is no ground to disturb the concurrent findings of facts recorded by he Courts below---eviction orders passed by the Rent Controller as well as the Appellate Court was neither illegal nor perverse---High Court declined to interfere with the orders passed by the Courts below---Petition was dismissed in limine.