1989 SCMR 1696 SUPREME-COURT

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AJAZ HUSSAIN VS MUHAMMAD TARIQ Constitution of Pakistan 1973--185 , Constitution of Pakistan 1973--199 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S.13--Constitution of Pakistan (1973), Arts.185 (3) & 199--Constitutional jurisdiction--Scope--Limitation on exercise of Constitutional jurisdiction-Landlord's ejectment petition' dismissed by Rent Controller as also by Appellate Court, in appeal--High Court in Constitutional jurisdiction gave the finding that Courts below having ignored a piece of evidence from consideration, same amounted to non-reading of evidence--High Court after discussing the evidence set aside finding of Rent Controller and the Appellate Court--Tenant's contention was that in the exercise of writ jurisdiction when High Court had arrived at the conclusion that there had been non-reading of evidence, then correct course would have been to remand the case to Appellate Court and not to proceed by himself granting the landlord relief of eviction, and that High Court wrongly arrived at the conclusion that there was non-reading of evidence on the part of Courts below-