2023 CLC 1770 PESHAWAR-HIGH-COURT

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MUHAMMAD RAMZAN VS Mian MUHAMMAD WAQAS S. 13---Constitution of Pakistan, Art. 199---eviction proceedings---Well reasoned judgment passed by the Appellate Court---Constitutional jurisdiction of the High Court, invoking of---Scope---Appellate Court had declared the bona fide need of the landlord / respondent as genuine after taking into consideration sufficient reasons---Such findings of the Appellate Court were based upon elaborate, careful and correct appraisal of evidence and did not suffer from any mis-reading of evidence---Findings of the Appellate Court without any illegality or infirmity could not warrant interference by the High Court in its constitutional jurisdiction---It was not the mandate of the High Court in constitutional jurisdiction to substitute its own findings for the findings recorded by the Appellate Court after due appraisal of evidence---Party approaching the High Court under its constitutional jurisdiction had to demonstrate gross mis-reading or non-reading of evidence or any jurisdictional defect floating on the surface , but in the present case said pre-conditions were missing---No illegality or infirmity was found in the impugned judgment passed by the Appellate Court directing eviction of the petitioners/tenants on the basis of personal bona fide need of the respondent/landlord---Constitutional petition was dismissed, in circumstances.