1988 SCMR 1619 SUPREME-COURT

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NASIM AHMAD KHAN VS NIAZ AKHTAR Constitution of Pakistan 1973--185 , --S.13--Constitution of Pakistan (1973), Art-185(3)--Leave to appeal granted to examine questions (i) that the appellate authority bad misread the judgment of the Rent Controller; (ii) teat the Rent Controller had recorded a positive and categorical finding after discussing the evidence; (iii) that the appellate authority had taken a wrong view of the law that only documentary evidence and the documentary evidence alone could establish the payment of rent and in the absence of it, payment of rent cannot be proved otherwise; (iv) that the appellate authority had misread the statement of the attorney of the landlady to read an allegation of default therein , and (v) that the High Court had taken a non-statutory ground (proceedings of conciliation and arbitration) for sustaining the order of eviction and dismissing the writ petition when ejectment could be ordered only on statutory grounds and not otherwise.