2002 CLC 307 PESHAWAR-HIGH-COURT

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MST. MAJABEENA VS MUHAMMAD IBRAR Constitution of Pakistan 1973--199 , ----S. 13(2)(b)(vi)---Constitution of Pakistan (1973), Art. 199--Constitutional petition ---Ejectment of tenant---Plea of reconstruction--Concurrent findings of facts by the Courts below---Bona fides of landlord---Proposed construction was not located in the Khasra No. which was mentioned in the approved site plan of the building--Validity---Requirement of the landlord was neither reasonable nor in good faith---Where both the Courts below had failed to touch such aspect of the matter, their findings were outcome of misappreciation of evidence and non-appreciation of material on record which rendered their judgments and orders as without lawful authority---Order of eviction passed by the Courts below was set aside---Constitutional petition was allowed in circumstances.