1994 SCMR 2288 SUPREME-COURT

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ARSHAD MUHAMMAD KHAN VS KALSOOM BIBI Constitution of Pakistan 1973--185 , ----S. 13---Preamble---Constitution of Pakistan (1973), Art. 185(3)---Object of enforcement of West Pakistan Urban Rent Restriction Ordinance, 1959--Allegation of default in payment of rent----Failure to prove---Effect---Object of enforcement of West Pakistan Urban Rent Restriction Ordinance, 1959, was the protection of tenants from eviction except under certain conditions provided therein---Such conditions unless fully satisfied, tenants would be immune from ejectment---Landlord having failed to establish affirmatively allegation of default in payment of rent, High Court, on appraisal of evidence decided issue of default in the negative and set aside order of Rent Controller regarding eviction of tenant---Conclusions being essentially of fact, were not open to interference at the level of Supreme Court particularly when no legal infirmity, misreading or non-reading of evidence could be pointed out---Leave to appeal was refused in circumstances.