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1988 SCMR 401 SUPREME-COURT

Supreme Court · 1988

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ABDUL HAMID VS GHULAM RASUL Constitution of Pakistan 1973--199 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , --Ss.13(3)(a)(ii)(a) & 15--Constitution of Pakistan (1973), S.199-Ejectment-- Constitutional jurisdiction, exercise of--Misreading of record and conjectural findings by Appellate Court- -Ejectment on ground of personal need set aside in appeal on ground that personal need was not genuine and rent paid by tenant being too low, eviction was possibly motivated by desire to get rent increased--Findings of District Judge being conjectural, based on misreading of record and on evidence taken out of context, was set aside by High Court in constitutional jurisdiction--High Court, held, was justified in circumstances in interfering with appellate order.