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1987 MLD 1078 LAHORE-HIGH-COURT-LAHORE

Punjab · 1987

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AHMAD YAR KHAN VS ADDITIONAL DISTRICT JUDGE Constitution of Pakistan 1973--199 , ---Ss. 15 & 21--Constitution of Pakistan (1973), Art.199--Ejectment-Landlord manufacturing transformers in basement of building and requiring premises in dispute for retail selling of his goods with help of his sons--Salient features of evidence produced by landlord with regard to location of basement in his possession, difficulty in accessibility thereto, non-visibility of goods lying therein, not appreciated by Appellate Court below who rejected eviction petition filed by landlord--Judgment of appellate Court below suffering from non-reading of evidence--Order of Appellate Court below was declared to have been made without lawful authority and case was remanded for decision of appeal afresh in accordance with law.