2006 PLD 214 SUPREME-COURT

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Mst. MOBIN FATIMA VS MUHAMMAD YAMIN 1999 SCMR 1796, PLD 2001 SC 415, Constitution of Pakistan 1973--199 , Sindh Rented Premises Ordinance 1979--15 , --S. 15---Constitution of Pakistan (1973), Art. 199---Ejectment of tenant---Constitutional jurisdiction of High Court---Scope---Substitution of findings of fact---Rent Controller dismissed ejectment application but Appellate Court allowed the appeal and passed eviction order---High Court in exercise of Constitutional jurisdiction reappraised the evidence, set aside the judgment passed by Lower Appellate Court and restored the order of Rent Controller---Plea raised by landlady was that High Court in exercise of Constitutional jurisdiction could not act as Court of appeal---Validity---Interference was made by High Court merely because a different conclusion was possible from the facts found, which did not amount to error of law---Lower Appellate Court discussed entire evidence and its judgment did not suffer from any misreading or non-reading of evidence---Findings of Lower Appellate Court were cogent and consistent with the evidence on record and its conclusions were in accordance with the facts found---Finality was attached to the findings of judgment of Lower Appellate Court, which could not be interfered with by the High Court merely because a different conclusion was also possible---High Court exceeded its jurisdiction and acted as a Court of appeal, which was not permissible under law---High Court ought not to have undertaken the exercise of reappraisal of evidence---Petition for leave to appeal was converted into appeal and judgment passed by High Court was set aside and that of Lower Appellate Court was restored---Appeal was allowed.