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2008 CLC 1724 LAHORE-HIGH-COURT-LAHORE

Punjab · 2008

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Sheikh MUHAMMAD FEROZE VS Sheikh ALLAH LOK 1983 CLC 2511, 1985 CLC 3014, 1986 MLD 1803, 1996 SCMR 1233, 2006 SCMR 152, 2006 SCMR 50, PLD 1983 Lah. 425, PLD 1985 SC 242, Bona fide personal need of landlord--Term , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , Ss. 13 & 15---Second appeal---Bona fide personal need of landlord---Concurrent findings of fact by two courts below---Scope---eviction order passed by Rent Controller was maintained by lower Appellate Court---Validity---Landlord had successfully proved his case and tenant could not point out any jurisdictional defect, legal infirmity, material irregularity, misreading or non-reading of evidence by the courts below while concurrently, unambiguously and conclusively determining crucial issues objectively with judicial application of law and mind---Even if findings concurrently recorded by the courts below on fact were erroneous, same should not be interfered with unless those were result of jurisdictional defect, legal infirmity, material irregularity, misreading and non-reading of evidence---High Court declined to interfere in concurrent findings of both the courts below and maintained the eviction order passed by Rent Controller---Second appeal was dismissed in circumstances.