2007 PLD 45 SUPREME-COURT

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SHAJAR ISLAM VS MUHAMMAD SIDDIQUE Constitution of Pakistan 1973--199 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--2 , --Ss.2(c) & 13---Constitution of Pakistan (1973), Art.199---Landlord---Determination of---Presumption---Creation of tenancy---Principles---Constitutional jurisdiction of High Court---Scope---Concurrent findings of fact by the Courts below---Rent Controller as well as Lower Appellate Court, concurrently passed eviction order against tenant---High Court in exercise of Constitutional jurisdiction, set aside concurrent findings of .both the Courts below and dismissed ejectment application on the ground that there was no written agreement of tenancy between the parties---Validity---Landlord might not be essentially owner of the property and ownership might not always be a determining factor to establish relationship of landlord and tenant between the parties---In normal circumstances, in absence of any evidence to the contrary, owner of property by virtue of his title would be presumed to be landlord and person in possession of premises would be considered as tenant under the law---Tenancy would not be necessarily created by a written instrument in express terms, rather might also be oral and implied---High Court in exercise of its Constitutional jurisdiction was not supposed to interfere in findings on controversial question of facts based on evidence, even if such finding was erroneous---Scope of judicial review of High Court under Art. 199 of the Constitution in such cases was limited to the extent of misreading or non-reading of evidence or if finding was based on no evidence, which might cause miscarriage of justice: it was not proper for High Court to disturb finding of fact through reappraisal of evidence in Constitutional jurisdiction or to exercise such jurisdiction as a substitute of revision or appeal---Interference of High Court in concurrent findings of fact by the Courts regarding existence of relationship of landlord and tenant between the parties was beyond the scope of its jurisdiction under Art. 199 of the Constitution---Supreme Court converted petition for leave to appeal into appeal and set aside judgment passed by High Court---Appeal was allowed.