1990 SCMR 1243 SUPREME-COURT

Full text

ZOHRA BIBI VS ADDITIONAL DISTRICT JUDGE Constitution of Pakistan 1973--185 , Constitution of Pakistan 1973--199 , ---S.13---Constitution of Pakistan (1973), Arts. 185(3) & 199---Ejectment of tenant on ground of personal need---Finding of fact recorded by appellate authority not to be disturbed in Constitutional jurisdiction, particularly when the considerations which prevailed with Court in recording its conclusion could not be described either fanciful or arbitrary---Although landlady in her statement before Rent Controller had offered to accommodate the tenant in one of the shops she owned in other locality yet she had no satisfactory explanation to offer why after having obtained eviction order against another tenant on ground of personal need, she or her son failed to occupy the shop in question and had rented it out to another person---Evidence led by landlady to show that her shop in another locality was less profitable for running a particular business was not convincing---No flaw in the finding of Appellate forum having been found High Court was justified in not interfering with its order in Constitutional jurisdiction---Appeal dismissed.