MST. MOBIN FATIMA versus MUHAMMAD YAMIN
Section 15 Constitution of Pakistan (1973), Article 199, as an alternative to finding the right to exclude tenant constitutional jurisdiction from the High Court jurisdiction, the rent controller rejected the removal request but the appellate court allowed the appeal and During the constitutional jurisdiction hearing, the High Court re-admitted the evidence. , The decision passed by the lower appellate court was set aside and the jurisdiction to control the rent taken by the landlord restored that the High Court could not function as an appellate court under constitutional jurisdiction. The interference in the matter by the High Court was a different result given its conclusions. It is possible from the facts found, which did not equate to the error of law, the lower appellate court discussed all the evidence and there was no false statement or evidence to be read in the judgment, the lower appellate court concluded. Were consistent with the evidence on record and accordingly. The findings were in accordance with the facts found in the Fiat, which was intimately linked to the results of the lower appellate court's decision, which could not be interfered with only by the High Court as a different result was possible. , Which was not legal under the law. The High Court should not exercise the re-examination of the evidence that the appeal for leave of appeal was changed to appeal and the decision was vacated by the High Court and the appeal of the Lower Appellate Court allowed.
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