2010 SCMR 795 SUPREME-COURT

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JAVED MASIH VS ADDITIONAL DISTRICT JUDGE, LAHORE PLD 1981 SC 246, PLD 1981 SC 522, Constitution of Pakistan 1973--185 , Ejectment of Tenant--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13---Constitution of Pakistan (1973), Art.185---Ejectment of tenant---Striking off defence---Concurrent findings of fact by courts below---Interference by Supreme Court---Principles---Tenants did not deposit rent as directed by Rent Controller, therefore, their defence was struck off and eviction order was passed against them---Eviction order passed by Rent Controller was maintained by Lower Appellate Court as well by High Court---Validity---Tenants failed to point out any piece of evidence which was misread or non-read by the courts below---Supreme Court would not go behind concurrent finding of fact recorded by courts below, unless it could be shown that the finding was on the face of it against evidence or so patently improbable or perverse that to accept it amounted to perpetuating a grave miscarriage of justice or if there had been any misapplication of principles relating to appreciation of evidence or finally if finding could be demonstrated to be physically impossible---Such being the practice and the rule of Supreme Court in civil appeals, burden lay heavily on appellants to show that concurrent findings recorded by High Court were not sustainable on the record and should be interfered by Supreme Court---Tenants failed to bring the case in such parameters and raise any substantial question of law of public importance-Supreme Court declined to interfere in concurrent eviction order passed by the Courts below---Appeal was dismissed.